Recently indexed

Analysis of new laws and key decisions in California wrongful-termination and employment law.

  • Morgan v. Sundance, Inc.

    Morgan v. Sundance, Inc. A court may not condition waiver of the right to arbitrate on a showing that the opposing party was prejudiced;…

  • Viking River Cruises, Inc. v. Moriana

    The FAA preempts Iskanian to the extent it bars division of a PAGA action and prevents arbitration of an employee’s individual PAGA claim; an…

  • Epic Systems Corp. v. Lewis

    Arbitration agreements providing for individualized proceedings — including class- and collective-action waivers in the employment context — are enforceable under the FAA, and the…

  • AT&T Mobility LLC v. Concepcion

    The FAA preempts the Discover Bank rule. A state rule that conditions the enforceability of an arbitration agreement on the availability of classwide arbitration…

  • Richey v. AutoNation, Inc.

    The arbitrator’s award was upheld. Under the narrow standard of review governing arbitration awards, the court declined to decide whether the “honest belief” defense…

  • Iskanian v. CLS Transportation: PAGA Waivers Unenforceable, Class Waivers Enforceable

    Iskanian v. CLS Transportation (2014) 59 Cal.4th 348 holds that class-action waivers in employment arbitration agreements are enforceable after Concepcion (abrogating Gentry), but a…

  • Armendariz v. Foundation Health Psychcare Services, Inc.

    Mandatory employment arbitration of unwaivable statutory claims is permissible only if the agreement provides certain minimum protections — a neutral arbitrator, adequate discovery, a…

  • Discover Bank v. Superior Court

    At least some class-action waivers in consumer adhesion contracts are unconscionable under California law — the “Discover Bank rule” — where the waiver is…

  • Gentry v. Superior Court

    A class-action waiver in an employment arbitration agreement may be unenforceable where class arbitration would be a significantly more effective way to vindicate employees’…

  • Sonic-Calabasas A, Inc. v. Moreno

    Concepcion preempts a categorical, arbitration-specific rule that a Berman-hearing waiver is per se unconscionable; but generally applicable unconscionability doctrine survives, and an arbitration agreement…