Survey Says: Most Consumers are Unaware of Arbitration Clauses
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By George H. Friedman, SAA Publisher & Editor-in-Chief

A new survey of over 1,000 American consumers: “reveal[s] that most consumers do not pay attention to,

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Ninth Circuit After SCOTUS Remand: Upon Further Review, We’re Good with Our Original Decision
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Ninth Circuit has acted on the remand from SCOTUS on whether FAA section 1 exempts delivery drivers,

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Indiana Supreme Court: After-Added PDAA and Class Action Waiver in Bank’s Account Agreement Not Enforceable
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By George H. Friedman, SAA Publisher & Editor-in-Chief

A unanimous Indiana Supreme Court holds that a predispute arbitration agreement (“PDAA”) and class action waiver unilaterally added by the bank to its account agreement were not enforceable.

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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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EFASASHA Didn’t Invalidate Employment PDAA, But Unconscionability Did
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By George H. Friedman, SAA Publisher & Editor-in-Chief

Because the employee’s sexual harassment lawsuit predated the March 2022 effectiveness of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFASASHA”),

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