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California Supreme Court,
Litigation & Arbitration

Aug. 2, 2024

California Supreme Court upholds limits on arbitration discovery

The California Supreme Court upheld discovery limits in employment arbitration agreements, ruling that lower courts used the wrong test for severing invalid provisions. The decision will likely ease enforcement of reasonable arbitration agreements for defendants.

Raza Rasheed

Counsel, Skadden, Arps, Slate, Meagher & Flom LLP

Email: raza.rasheed@skadden.com

Shutterstock

On July 15, in Ramirez v. Charter Communications, Inc., the California Supreme Court upheld the validity of discovery limitations in an employment arbitration agreement and also held that the lower courts applied the wrong legal test in determining whether to sever legally invalid provisions from the agreement instead of declining to enforce the agreement altogether. Although the opinion struck down certain other provisions in the arbitrati...

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