by Alexei Kuchinsky, Esq | Oct 24, 2013 | Arbitration
In Sonic-Calabasas A., Inc. v. Moren, 2013 Cal. LEXIS 8111 (Cal. Oct. 17, 2013) (“Sonic II”), in light of Concepcion, the Court overruled its previous contrary holding in Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (“Sonic I”) and...
by Alexei Kuchinsky, Esq | Dec 4, 2012 | Alternative Dispute Resolution
This is another post-Conception decision by the California Court of Appeal holding that notwithstanding Conception, in certain circumstances, based on a case-by-case analysis, class action waivers may be unenforceable. Specifically, last week in Franco v. Arakelian...
by Alexei Kuchinsky, Esq | Jun 17, 2012 | Arbitration, New Case Law
Last week, we discussed how in Iskanian, the Court of Appeal (Second Appellate District, Division Two) held that the arbitration agreement could not be found unconscionable under Code Civ. Proc., § 1281, based on interference with the ability to vindicate statutory...
by Alexei Kuchinsky, Esq | Jun 13, 2012 | Arbitration, New Case Law
In 2007, in Gentry v. Superior Court (2007) 42 Cal.4th 443, the California Court of Appeals held that a class waiver provision in an arbitration agreement should not be enforced if “class arbitration would be a significantly more effective way of vindicating the...
by Alexei Kuchinsky, Esq | May 13, 2012 | Arbitration, Employment Law News, New Case Law
Last week, in Salome Samaniego, et. al. v. Empire Today, LLC (May 2012), the California Court of Appeals refused to enforce an arbitration clause in the context of wage and hour litigation on the grounds that the arbitration provision was procedurally and...
by Alexei Kuchinsky, Esq | Mar 6, 2012 | Alternative Dispute Resolution, Arbitration, Employment Law News, New Case Law
Arbitration is a form of Alternative Dispute Resolution (ADR) that allows employers and non-union employees to resolve disputes out of court by submitting the matter to a mutually-selected arbitrator. Arbitration is generally preferred by employers because the...
