This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Alternative Dispute Resolution,
Labor/Employment

Feb. 8, 2024

Only the Supreme Court can stop the golden state from flouting the FAA

To stop California’s defiance of federal law, the US Supreme Court must weigh in on arbitration agreements.

Tom Manzo

President and founder of the California Business and Industrial Alliance.

Jonathan Berry

Managing Partner
Boyden Gray PLLC

Berry is managing partner of the law and strategy firm Boyden Gray PLLC, and is the former head of rulemaking of the United States Department of Labor.

California’s trial bar – the state’s fourth branch of government – has wedged itself between employers and workers, to make money at everyone else’s expense. And the third branch – the state judiciary – is shielding its confreres from federal scrutiny. The only hope? The Supreme Court of the United States steps in to shut this game down.

To explain: The Federal Arbitration Act exists to ensure that employers and employees can reach mutuall...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up