California Supreme Court’s latest slippery evasion of federal arbitration law

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

PLF asks Supreme Court to review challenge to California’s mining ban

Nearly two centuries ago, the Supreme Court recognized that the “unavoidable consequence” of the Constitution’s Supremacy Clause is that States have “no power … to retard, impede, burden, or in any manner control” federal policies that are otherwise consistent with … Continue reading

Federal supremacy protects miners’ rights

PLF and Western Mining Alliance have filed an amicus brief in the Ninth Circuit case Bohmker v. Oregon. In the brief, we argue that federal mining policy preempts Oregon’s ban on a federally-approved and encouraged mining practice. Part of having … 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

Game on! U.S. Supreme Court to review California anti-arbitration rule

Today, in the first order list of the 2015 Term, the Supreme Court granted certiorari in MHN Government Services, Inc. v. Zaborowski, in which the Ninth Circuit Court of Appeals applied a severability rule created by the California Supreme Court … Continue reading

Supreme Court rejects New Jersey arbitration case

New Jersey courts, along with those of California and Massachusetts, continually exhibit hostility to the freedom of contract, when that freedom is expressed in a contract to arbitrate consumer or employment disputes. Today, the Supreme Court denied certiorari in U.S. … Continue reading

Putting the “Supreme” in Supremacy Clause

In 2011, the U.S. Supreme Court decided in AT&T Mobility v. Concepcion that California’s Discover Bank rule, which essentially forbade class-action waivers in consumer arbitration contracts, was preempted by the Federal Arbitration Act. Specifically, Concepcion concludes: “Because it ‘stands as … Continue reading

California versus the Supremacy Clause

In Iskanian v. CLS Transportation Los Angeles, LLC, the California Supreme Court once again displayed its ongoing hostility to arbitration contracts.  As we noted when the decision came down in June, the court bowed to the inevitable in acknowledging the … Continue reading

Are you listening, California Supreme Court?

For the second time this year, the United States Supreme Court slapped down a state supreme court that refused to abide by the High Court’s arbitration decisions. In today’s unsigned opinion in Nitro-Lift Technologies, L.L.C. v. Howard, the miscreant tribunal … Continue reading