No Kindred Spirit: California Supreme Court Invalidates Health Care Agent’s Arbitration Agreement
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By Harry A. Jacobowitz, Esq.***

The Court rules that signing an optional arbitration agreement is not a health care decision that a health care agent appointed under California’s Health Care Decisions Law has the authority to make.

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Dissent Provides a Primer on FAA Preemption of California Law
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By George H. Friedman, SAA Publisher & Editor-in-Chief

We cover a recent decision out of California not for the holding, but for the scathing dissent.

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Yet Another Court Finds That, Unlike the FAA, the UN Convention is Not Preempted by the McCarran-Ferguson Act
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Eastern District of Virginia has joined a growing chorus of courts holding that the McCarran-Ferguson Act does not “reverse-preempt” the UN Convention.

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California Court of Appeal: We are Not Bound by PAGA Analysis in Viking River
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By George H. Friedman, SAA Publisher & Editor-in-Chief

Because standing under PAGA is a matter of State law, a California appellate court finds it is not bound by SCOTUS’ analysis of the issue in Viking River.

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Split Ninth Circuit Holds California’s AB-51 is Preempted by the FAA
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By George H. Friedman, SAA Publisher & Editor-in-Chief

A divided Ninth Circuit Panel holds that California’s AB-51 is preempted by the Federal Arbitration Act (“FAA”).

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Judge’s Interpretation of an Ambiguous Arbitration Agreement Survives, Despite Post-Decision Recusal for Conflict of Interest
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By Harry A. Jacobowitz

A U.S. District Court judge, after issuing an order to compel arbitration, learned he had a conflict of interest and disqualified himself;

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