Split Ninth Circuit Holds California’s AB-51 is Preempted by the FAA
Posted by Securities Arbitration Alert Categories Arbitration Agreements, Class Action/Collective Waivers, Court Decisions, Fed Arbitration Act, News, PreemptionTags , , , on February 22, 2023

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
Posted by Securities Arbitration Alert Categories Arbitration Agreements, Arbitration Awards, Court Decisions, Non-Securities Arbitration, PreemptionTags , , , on December 7, 2022

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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SCOTUS Decides Viking River: California’s PAGA is Partially Preempted by the FAA
Posted by Securities Arbitration Alert Categories Arbitration Agreements, Business & Employment, Fed Arbitration Act, Preemption, SCOTUSTags , , , , , on June 23, 2022

By George H. Friedman, SAA Publisher & Editor-in-Chief

In the second arbitration-related decision of the week, the Court on June 15 held 8-1 in Viking River Cruises,

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Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week
Posted by Securities Arbitration Alert Categories Arbitration, Arbitration Agreements, Class Action/Collective Waivers, Fed Arbitration Act, News, Preemption, SCOTUSTags , , , , , on March 16, 2022

By George H. Friedman, SAA Publisher & Editor-in-Chief

Just a reminder that SCOTUS will be hearing oral argument next week on two cases involving arbitration.

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March Madness as SCOTUS Sets “Final Four” Oral Arguments for Last Two Weeks in March
Posted by Securities Arbitration Alert Categories Arbitration, Arbitration Agreements, Class Action/Collective Waivers, Discovery, Fed Arbitration Act, Preemption, SCOTUSTags , , , , , , , on January 31, 2022

By George H. Friedman, SAA Publisher & Editor-in-Chief

We reported in December that the Supreme Court had granted Certiorari in four cases involving arbitration.

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Parties to Pending Certiorari Request Challenging California’s PAGA Agree to Hold Up Pending Outcome of Viking River
Posted by Securities Arbitration Alert Categories Arbitration Agreements, Fed Arbitration Act, Federal, Preemption, SCOTUSTags , , , , on January 20, 2022

By George H. Friedman, SAA Publisher & Editor-in-Chief

With SCOTUS already set to review an FAA preemption challenge to California’s PAGA, the parties to a similar pending Certiorari Petition have agreed to hold the case in abeyance pending the outcome of the first case.

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