State law prohibiting arbitration of particular claim outright is preempted by Federal Arbitration Act.
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!
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!
Already a subscriber?
Sign In
Sign up for Daily Journal emails
Related Content
9th U.S. Circuit Court of Appeals, California Supreme Court, Labor/Employment, U.S. Supreme Court
Horton hears a death knell
Sep. 21, 2017
By Steven B. Katz, Kenneth D. Sulzer
By Steven B. Katz, Kenneth D. Sulzer
9th U.S. Circuit Court of Appeals, California Supreme Court, Labor/Employment, U.S. Supreme Court
Workers must be able to join together to fight injustice
Sep. 21, 2017
By Shaylyn Cochran, Joe Sellers
By Shaylyn Cochran, Joe Sellers
9th U.S. Circuit Court of Appeals, Corporate, Labor/Employment, Civil Litigation, U.S. Supreme Court
Arguments note benefits of bilateral arbitration
Oct. 4, 2017
By Wendy Mcguire Coats, Megan E. Walker
By Wendy Mcguire Coats, Megan E. Walker
Corporate, Labor/Employment, Civil Litigation, U.S. Supreme Court
Yellow dog contracts, ‘jiggery-pokery’ and the FAA
Oct. 6, 2017
By Linda S. Klibanow
By Linda S. Klibanow
Labor/Employment, Civil Litigation, U.S. Supreme Court
Justices should recognize NLRA trumps FAA
Nov. 3, 2017
By Frank Pray
By Frank Pray
Alternative Dispute Resolution, California Supreme Court, Civil Litigation, U.S. Supreme Court
The ever-expanding Federal Arbitration Act
Nov. 10, 2017
By Lawrence Waddington
By Lawrence Waddington
9th U.S. Circuit Court of Appeals, Appellate Practice, California Supreme Court, Corporate, Civil Litigation, U.S. Supreme Court, Year in Review Column
Procedural rules drive class action case law
Dec. 20, 2017
By Christopher J. Lovrien, Jason C. Wright, Paige Zielinski
By Christopher J. Lovrien, Jason C. Wright, Paige Zielinski
9th U.S. Circuit Court of Appeals, California Courts of Appeal, California Supreme Court, Corporate, Civil Litigation, U.S. Supreme Court, Year in Review Column
States vs US high court in arbitration tug-of-war
Dec. 28, 2017
By E. Martin Estrada, Kuruvilla J. Olasa
By E. Martin Estrada, Kuruvilla J. Olasa
Civil Litigation, U.S. Supreme Court
Concepcion's inconsistent application
Aug. 25, 2012
By Jeff E. Scott, Joseph R. Wetzel Jr.
By Jeff E. Scott, Joseph R. Wetzel Jr.
California Courts of Appeal, Labor/Employment, U.S. Supreme Court
California courts still haven't learned the FAA lesson
May 19, 2017
By Richard A. Samp
By Richard A. Samp
Appellate Practice, California Courts of Appeal, Labor/Employment, Civil Litigation
Strategic delay in compelling arbitration deemed waiver of right against class
Aug. 31, 2017
By Sherry L. Swieca
By Sherry L. Swieca
California Supreme Court, Constitutional Law, Labor/Employment, U.S. Supreme Court
Collective bargaining squares off against arbitration
Sep. 18, 2017
By Brian S. Kabateck, Natalie S. Pang
By Brian S. Kabateck, Natalie S. Pang
California Supreme Court, Labor/Employment, U.S. Supreme Court
The last waltz with the FAA
May 19, 2017
By Steven B. Katz
By Steven B. Katz
Contracts, Civil Litigation
Could an overlooked theory help Stormy Daniels win her case?
Apr. 17, 2018
By J. Benjamin Blakeman
By J. Benjamin Blakeman
Labor/Employment, Civil Litigation, U.S. Supreme Court
Restore Federal Arbitration Act to its rightful place
May 14, 2018
By John F. Querio, Felix Shafir
By John F. Querio, Felix Shafir
Labor/Employment, Civil Litigation, U.S. Supreme Court
Your work is just another business transaction
May 22, 2018
By Bryan Lazarski
By Bryan Lazarski
California Supreme Court, Labor/Employment, Civil Litigation, U.S. Supreme Court
California’s halting retreat from the arbitration tug of war
May 24, 2018
By Steven B. Katz
By Steven B. Katz
Alternative Dispute Resolution, Civil Litigation, Litigation & Arbitration
Create incentives for plaintiffs to choose arbitration
Sep. 11, 2018
By Andrea Cann Chandrasekher, David Horton
By Andrea Cann Chandrasekher, David Horton
Labor/Employment, Civil Litigation, U.S. Supreme Court, Litigation & Arbitration
Another big term for arbitration at the Roberts court
Sep. 27, 2018
By Joseph R. Palmore
By Joseph R. Palmore
Alternative Dispute Resolution, Civil Litigation, U.S. Supreme Court
By looking at this column readers agree to arbitrate everything
Nov. 16, 2018
By Eric B. Kingsley
By Eric B. Kingsley
Labor/Employment, Civil Litigation, U.S. Supreme Court
Kavanaugh says ‘wholly groundless’ arbitration motions trump access to the courts
Jan. 10, 2019
By Eric J. Buescher
By Eric J. Buescher
Alternative Dispute Resolution, California Courts of Appeal, California Supreme Court, Civil Litigation
Heimlich relief for 998 offers
Feb. 19, 2019
By Edward R. Huguenin, Erik C. Tofft
By Edward R. Huguenin, Erik C. Tofft
Government, Labor/Employment
Bill aims to rein in the dark side of forced arbitration
Mar. 12, 2019
By Eric B. Kingsley
By Eric B. Kingsley
Civil Litigation, U.S. Supreme Court
Statutory originalism & the Federal Arbitration Act
Apr. 29, 2019
By Steven B. Katz
By Steven B. Katz
Civil Rights, U.S. Supreme Court
Justice Thomas’ evolving pro-consumer jurisprudence
May 30, 2019
By Stephen J. Newman
By Stephen J. Newman
Alternative Dispute Resolution, Government, Labor/Employment, Civil Litigation
Will arbitration bill fare better under the Newsom administration?
Jun. 13, 2019
By Gina M. Roccanova
By Gina M. Roccanova
Labor/Employment, U.S. Supreme Court
Participation waivers test Federal Arbitration Act’s limits
Jun. 26, 2019
By Ari J. Stiller
By Ari J. Stiller
Civil Litigation, U.S. Supreme Court
California’s Armendariz opinion violates federal law
Jun. 28, 2019
By Fred J. Hiestand, Benjamin G. Shatz
By Fred J. Hiestand, Benjamin G. Shatz
California Courts of Appeal, California Supreme Court, Labor/Employment, U.S. Supreme Court
New arbitration battle looms between state, US high courts
Jun. 28, 2019
By Brian Cardile
By Brian Cardile
Civil Litigation
Lopsided arbitration agreements and elder abuse
MCLE
Aug. 7, 2019
By Gregory M. McCarty
9th U.S. Circuit Court of Appeals, Labor/Employment, Civil Litigation
Ruling could send shock waves through ERISA claims industry
Aug. 28, 2019
By Robert J. McKennon
By Robert J. McKennon
California Supreme Court, Labor/Employment, Civil Litigation
Arbitration agreements must be clear, Supreme Court says
Aug. 30, 2019
By Justin Kloczko
By Justin Kloczko
California Supreme Court, Labor/Employment, Civil Litigation, U.S. Supreme Court
The employment arbitration whipsaw
Sep. 3, 2019
By Steven B. Katz
By Steven B. Katz
California Supreme Court, Civil Litigation, U.S. Supreme Court
Arbitration Wars: A report from the front
Sep. 10, 2019
By Anthony J. Oncidi
By Anthony J. Oncidi
California Supreme Court, Civil Litigation
Arbitration unconscionability analysis is revitalized, especially as to unpaid wage claims
Sep. 17, 2019
By Michael D. Marcus
By Michael D. Marcus
Civil Litigation
Out of the frying pan: defendants leap into the fire with their relentless push toward individual arbitrations
Sep. 18, 2019
By Bryan J. Schwartz
By Bryan J. Schwartz
California Supreme Court, Civil Rights
California Supreme Court's moderate approach to arbitration continues
Sep. 18, 2019
By Glenn A. Danas
By Glenn A. Danas
Alternative Dispute Resolution
Are customized arbitration provisions the answer?
MCLE
Sep. 30, 2019
By Julie R. F. Gerchik, Michael L. Smith
Labor/Employment, Civil Litigation
The battle for the future of arbitration
Oct. 15, 2019
By Stephen A. Rossi
By Stephen A. Rossi
Labor/Employment
Business groups sue state over no forced-arbitration law
Dec. 10, 2019
By Justin Kloczko
By Justin Kloczko
California Supreme Court, Constitutional Law
The last decade in the United States Supreme Court
Jan. 15, 2020
By Erwin Chemerinsky
By Erwin Chemerinsky
Alternative Dispute Resolution, Labor/Employment, U.S. Supreme Court
The enforceability of class waivers in arbitration agreements
Jan. 22, 2020
By Richard T. Fields, Barry D. Kaye
By Richard T. Fields, Barry D. Kaye
Alternative Dispute Resolution, Civil Litigation, Labor/Employment
Court order explains preliminary enjoinment of enforcement of Assembly Bill 51
Feb. 21, 2020
By Thomas H. Petrides, Harrison M. Thorne
By Thomas H. Petrides, Harrison M. Thorne
California Supreme Court, Labor/Employment, U.S. Supreme Court
US justices may have cleared way to skirt worker arbitrations
Jun. 9, 2020
By Craig Anderson
By Craig Anderson
Civil Litigation, U.S. Supreme Court
US Supreme Court returns to issue of double standards in delegating gateway issues of arbitrability
Jul. 8, 2020
By Steven B. Katz
By Steven B. Katz
Government, Labor/Employment
Fall of the paper wall: Arbitration may be curtailed in 2021
Jan. 11, 2021
By Eric Kingsley
By Eric Kingsley
Alternative Dispute Resolution, Civil Litigation, Law Practice
Third-party discovery in arbitration: Be careful what you ask for
MCLE
Jun. 18, 2021
By Amy Semmel
The brewing preemption battle over Iskanian’s PAGA rule
Jun. 30, 2021
By Peder K. Batalden, John F. Querio, Felix Shafir
By Peder K. Batalden, John F. Querio, Felix Shafir
Civil Litigation, Government
Teacher’s affair with student leads to limit on arbitrations
Oct. 5, 2021
By Malcolm Maclachlan
By Malcolm Maclachlan
Alternative Dispute Resolution, Labor/Employment
The rise and fall (out) of mandatory pre-dispute employment arbitration
Dec. 9, 2021
By Christopher David Ruiz Cameron
By Christopher David Ruiz Cameron
California Courts of Appeal, Civil Litigation, Labor/Employment, U.S. Supreme Court
US Supreme Court to review PAGA limit on arbitration
Dec. 16, 2021
By Skyler Romero
By Skyler Romero
California Supreme Court, Civil Litigation, Labor/Employment, U.S. Supreme Court
In employment arbitration, it’s déjà vu all over again!
Dec. 21, 2021
By Steven B. Katz
By Steven B. Katz
Alternative Dispute Resolution
Preemption and predispute arbitration agreements
Feb. 7, 2024
By Paul Dubow
By Paul Dubow
Labor/Employment, U.S. Supreme Court
PAGA returns to the US Supreme Court
Mar. 8, 2024
By Peder K. Batalden, Felix Shafir
By Peder K. Batalden, Felix Shafir
Labor/Employment
PAGA claims: Still room for uncertainty
Mar. 22, 2024
By Jonathan Andrews, Monique Ngo-Bonnici
By Jonathan Andrews, Monique Ngo-Bonnici
Appellate Practice, Civil Procedure
SB 365's departure from the Bielski rule for FAA cases may lead to further litigation
Apr. 10, 2024
By Patrick Burns, Gary A. Watt
By Patrick Burns, Gary A. Watt
Litigation & Arbitration
Is arbitration under attack? Arbitration, Schmarbitration
Aug. 8, 2024
By Christopher David Ruiz Cameron
By Christopher David Ruiz Cameron