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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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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SCOTUS Decides Viking River: California’s PAGA is Partially Preempted by the FAA
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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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SCOTUS Hears Oral Arguments in Southwest and Viking River
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Supreme Court heard oral argument this week in the remaining two of four cases involving arbitration it reviewed over the last two weeks.

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Parties to Pending Certiorari Request Challenging California’s PAGA Agree to Hold Up Pending Outcome of Viking River
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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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SCOTUS Declines to Take Up California’s PAGA – For Now
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Supreme Court has eschewed for now the opportunity to review whether California’s Private Attorneys General Act is preempted by the Federal Arbitration Act.

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