9th U.S. Circuit Court of Appeals,
Appellate Practice,
California Supreme Court,
U.S. Supreme Court
Mar. 17, 2016
FAA trumps state law, again
A recent case may represent a new front in the ongoing division between plaintiffs and defendants over the continuing vitality of California's arbitration standards after Concepcion.
Felix Shafir
Partner
Horvitz & Levy LLP
Appellate Law
Email: fshafir@horvitzlevy.com
Felix's practice focuses on the defense of class and representative actions.
The Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, but includes a clause authorizing courts not to enforce arbitration contracts "upon such grounds as exist at law or in equity for the revocation of any contract." Relying on this provision, courts have increasingly refused to enforce arbitration agreements by applying arbitration-specific unconscionability rules that are avowed to be merely general principles of state unconscionability l...
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