On December 3, the California Supreme Court unanimously held that state law claims of intentional mislabeling produce as organic are not preempted by the Organic Food Act of 1990 (7 U.S.C. §§ 6501-6522). In Quesada v. Herb...more
“Labels matter,” the California Supreme Court began its unanimous December 3 opinion. Expect that to be the new rallying cry of plaintiff class action lawyers when suing consumer companies for alleged false advertising....more
The Consumer Financial Protection Bureau (CFPB or Bureau) announced today that it is considering rules prohibiting application of pre-dispute arbitration agreements to class litigation involving certain consumer financial...more
10/8/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Financial Institutions ,
Mortgages ,
OMB ,
Small Business ,
Wage and Hour
Tuesday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more
10/1/2015
/ Arbitration ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
Class Action ,
Class Certification ,
CLS Transportation ,
En Banc Review ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Private Attorneys General Act (PAGA)
Yesterday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more
9/30/2015
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
CLS Transportation ,
Collective Actions ,
Employment Discrimination ,
En Banc Review ,
Federal Arbitration Act ,
Iskanian ,
Iskanian v CLS Transportation ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Unfair Labor Practices ,
Wage and Hour
Settlements of most employment claims include the employee’s promise not to reapply to the settling employer. The reason is if the employee reapplies after getting the settlement money and is then denied new employment, the...more
This week, the U.S. Supreme Court declined to grant review in Iskanian v. CLS Transportation Los Angeles, LLC, leaving in place a California Supreme Court holding that pre-dispute arbitration agreements cannot require...more
1/23/2015
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Mandatory Arbitration Clauses ,
Petition for Writ of Certiorari ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Trucking Industry
On September 17, California Governor Jerry Brown signed into law legislation intended to reform the California Organized Investment Network (COIN) program. The COIN program is a partnership among the California Department of...more
The California Supreme Court today confirmed the validity of an employee’s waiver of the right to bring a class action contained in an arbitration agreement. That’s the good news. However, the court also held that these...more