Man Bites Dog: California Supreme Court unanimously rejects unconscionability...
The California Supreme Court has a reputation for hostility to arbitration, especially in the consumers and employment context. Much of the arbitration docket of the United States Supreme Court over...
View ArticleCalifornia Supreme Court Holds That Federal Organic Food Labeling Regime Does...
What’s the difference between claiming that a food product is improperly certified as organic and claiming that the producer was properly certified but the product isn’t really organic? A unanimous...
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Supreme Court Will Review Two Important Cases Regarding Scope Of Personal...
Every first-year law student learns that one of the first questions a defendant must ask is whether the court in which a lawsuit is filed has personal jurisdiction—that is, whether the state or federal...
View ArticleSupreme Court’s Decision In Bristol-Myers Squibb v. Superior Court Rejects...
We’ve previously blogged about Bristol-Myers Squibb v. Superior Court (“BMS”), in which the Supreme Court granted certiorari to review a decision of the California Supreme Court that adopted an...
View ArticleWill California Strike Again? The Latest Word From the California Supreme...
The California Supreme Court has a long history of inventing new rules—either from common law or as “glosses” on statutes—to invalidate arbitration agreements entered into by consumers and employees....
View ArticleWhat’s Going On With Class Actions Alleging That Businesses That Record...
Since 2006, companies based outside California have been alert to the potential burdens of class actions under California’s Invasion of Privacy Act (“CIPA”), Cal. Penal Code § 630 et seq. The laws of...
View ArticleCalifornia Supreme Court Rejects Exceptionally Poor Sampling Method, But...
In Duran v. U.S. Bank N.A. (pdf), the California Supreme Court recently addressed an important question in the context of state-court class actions: Can plaintiffs invoke statistical sampling in an...
View ArticleCalifornia Court Says No Need To Resolve Disputes Over Substantive Law In...
Suppose that you’re a trial court considering a motion for class certification. And suppose that the parties present you with two competing statutory interpretations. One legal standard permits the...
View ArticleNLRB Refuses To Yield On Anti-Arbitration Ruling Despite Near-Unanimous...
Today is Halloween, an occasion when our thoughts turn to jack o’lanterns, ghosts, and zombies. We are particularly fascinated by zombies—the dead returned to life. But we’re not the only ones. In a...
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Supreme Court strikes down California rule barring individualized arbitration...
Yesterday, the Supreme Court held in Viking River Cruises, Inc. v. Moriana (pdf) that the Federal Arbitration Act preempts a California rule invalidating arbitration agreements that provide for...
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