Weekly litigation report — January 14, 2017

Supreme Court grants cert in WOTUS rule case Supreme Court grants review in freedom of contract case Economic liberty case argued at Oregon Supreme Court Warning over manatee listing Brief filed in mobile home park extortion case Non-native wolves are … Continue reading

Cert grant pitting “concerted activities” against freedom of contract

Today the Supreme Court granted certiorari in three cases that raise the same issue: whether the National Labor Relations Act, which protects workers’ rights to engage in “concerted activities” for their mutual benefit, trumps the Federal Arbitration Act’s protection of … Continue reading

National Labor Relations Act vs. Federal Arbitration Act

Laaaaaadies and gentlemen! In this corner: the National Labor Relations Act, a national heavyweight born in the New Deal, protecting workers’ rights to “concerted activities” for their mutual benefit! And in this corner: the Federal Arbitration Act, a powerful 1925 … Continue reading

Pokemon and private property

A flood swamped a quiet Australian suburb recently: a deluge of Pokemon and their intrepid hunters. The neighborhood park had become known as a great spot to play Pokemon Go. Rare Pokemon liked to hang out there–especially at night. The park disintegrated into a trampled … Continue reading

California Supreme Court upholds arbitration agreement!

Maribel Baltazar worked in a distribution warehouse for clothing retailer Forever 21.  She alleges that she suffered discrimination and harassment on the job, ultimately leading to her quitting.  She sued Forever 21 and certain co-workers, who then moved to compel … Continue reading

The growing PAGA exception to freedom of contract

A couple years ago, in Iskanian v. CLS Transportation Los Angeles, the California Supreme Court held that employees who act as “representatives” to assert claims under the Private Attorney General Act (PAGA) are acting as “deputies” on behalf of the … Continue reading

Can Californians arbitrate claims for public injunctive relief?

Sharon McGill sued Citibank under California’s consumer protection laws for alleged unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account.  McGill signed a contract that contained an arbitration provision … Continue reading

Supreme Court reverses California court on freedom of contract – again

Today, the Supreme Court once again upheld the freedom of Californians to contract for arbitration of consumer disputes. In DIRECTV, Inc. v. Imburgia, the Court reviewed a California Court of Appeal decision invalidating a consumer contract that provided that it … Continue reading

Eliminating California’s obstacles to freedom of contract

Supreme Court briefing is now underway in one of this Term’s major arbitration cases: MHN Government Services, Inc. v. Zaborowski. The case will determine whether the California Supreme Court’s severability rule—used almost exclusively to invalidate arbitration contracts—will survive scrutiny under … Continue reading