In this podcast, we look at the current state of consumer arbitration law, discuss recent CA state and federal court decisions involving the enforceability of arbitration agreements with respect to requests for public injunctive relief, whether similar issues may arise in other states, the prospects for SCOTUS review, and the need to revisit arbitration agreements
arbitration
CA Chamber seeks veto of CA bill making failure to pay arbitration fees punishable by sanctions
The California Chamber of Commerce is encouraging its members to send letters to California Governor Gavin Newsom urging him to veto California SB 707, which was passed by the state’s Assembly and Senate and is currently sitting on his desk awaiting his signature. The bill would amend the state’s existing law on arbitration agreements…
Plaintiffs Respond to Blair Rehearing Petitions
As we recently advised you , on September 9, 2019, the Ninth Circuit ordered the plaintiffs in the Blair v. Rent-A-Center appeals to respond to the defendants’ petitions for rehearing, which ask the court en banc to overturn a panel decision holding that the Federal Arbitration Act (FAA) does not preempt the California Supreme Court’s…
House passes bill to ban mandatory arbitration agreements; White House threatens veto
This past Friday, by a vote of 225-186, the House passed H.R. 1423, the “Forced Arbitration Injustice Repeal Act.” A Senate companion bill (S. 610) was introduced in February 2019 and referred to the Senate Judiciary Committee. No action has been taken on the Senate bill.
The House bill would amend the Federal…
House Judiciary Committee passes bill to ban mandatory arbitration agreements
Last week, by a vote of 22-14 (with one Republican voting for the bill), the House Judiciary Committee passed H.R. 1423, the “Forced Arbitration Injustice Repeal Act.” A Senate companion bill (S. 610) was introduced in February 2019 and referred to the Senate Judiciary Committee. No action has been taken on the…
Ninth Circuit Orders Plaintiffs to File Responses to Blair Rehearing Petitions
We recently posted a discussion concerning the petitions for rehearing filed in the Blair v. Rent-A-Center appeals pending in the Ninth Circuit which raise the issue of whether the Federal Arbitration Act preempts California’s McGill Rule. The McGill Rule derives from the California Supreme Court’s ruling in McGill v. Citibank, N.A. that an arbitration agreement…
Amici File Briefs to Support Blair Rehearing Petitions
Last week, we published a Legal Alert discussing the petitions for rehearing filed in the Blair v. Rent-A-Center appeals which ask the Ninth Circuit en banc to overturn a panel decision holding that the Federal Arbitration Act (FAA) does not preempt California’s “McGill Rule.” The McGill Rule derives from the California Supreme Court’s ruling…
This week’s podcast: A consumer arbitration update
In this podcast, we discuss significant consumer arbitration developments since Congress’ Oct. 2017 override of the CFPB’s arbitration rule, including the prospects of proposed federal legislation, litigation developments, and how arbitration agreements can be revised to address risks created by those developments. We also review best practices for drafting consumer arbitration agreements and hear from…
Alan Kaplinsky submits responses to follow up questions from Senate Judiciary Committee members
On April 2, Alan Kaplinsky, who leads our Consumer Financial Services Group, testified before the Senate Judiciary Committee at its “Arbitration in America” hearing.
Subsequent to the hearing, Alan received a letter from Committee members Grassley and Kennedy asking several follow up questions. On April 23, Alan sent a letter to Committee Chair Lindsey Graham…
A response to comments made at Senate Judiciary Committee’s arbitration hearing
Last Tuesday, I had the great privilege of testifying before the Senate Judiciary Committee at its “Arbitration in America” hearing. As I told the Committee members in my opening remarks, arbitration is a topic that’s very near and dear to my heart. The hearing lasted about two hours and only two Committee members were…