Perspective
Jan. 1, 2016
State arbitration rule rejected
Opposition to class action waivers on both the political and legal fronts persists
By James A. McKenna and Mark S. Askanas
Although recent U.S. Supreme Court decisions have upheld the enforceability of class action waivers in arbitration agreements, opposition to class action waivers on both the political and legal fronts persists, especially in California. California law has traditionally disfavored the enforcement of class action waivers, and that attitude continues despite repeated rebukes from the federal courts and the U.S. Supreme Court. On Dec. 14, the S...
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