U.S. Supreme Court,
Labor/Employment,
California Courts of Appeal
May 19, 2017
California courts still haven't learned the FAA lesson
The U.S. high court has another opportunity to turn around California courts' seeming hostility to arbitration agreements, this time in the PAGA context.
Richard A. Samp
Senior Litigation Counsel
New Civil Liberties Alliance
2009 Massachusetts Ave., NW
Washington , DC 20036
Throughout his 40-year career in private law practice in Washington, Richard has specialized in appellate litigation with a focus on constitutional law. He served as chief counsel of the Washington Legal Foundation for more than 30 years.
In its landmark AT&T Mobility LLC v. Concepcion decision, the U.S. Supreme Court held in 2011 that the Federal Arbitration Act (FAA) creates a nationwide policy unequivocally favoring enforcement of arbitration agreements. The court sent a strong message to lower courts: Cease your hostility to arbitration agreements; you may not rely on state law to refuse to enforce such agreements save on grounds that would apply to any contract. Unfortunately, California courts have not gotten...
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