U.S. Supreme Court,
Civil Litigation
Jun. 28, 2019
California’s Armendariz opinion violates federal law
A recent appellate opinion that found an arbitration provision contained in a law firm’s partnership agreement unconscionable and therefore unenforceable may give the U.S. Supreme Court an opening to overrule the landmark California Supreme Court ruling.
Fred J. Hiestand
General Counsel
Fred J. Hiestand, APC
Phone: (916) 448-5100
Email: fred@fjh-law.com
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
In the 1950s and 60s, opponents of civil rights laws sought to block judicial enforcement by resort to various "states' rights" defenses. Similarly, opponents of private arbitration contracts now assert state law grounds of "unconscionability" and "unwaivable public rights" in court challenges to enforcement of these agreements. California is at the forefront of this anti-arbitration campaign, and the U.S. Supreme Court is once again the ultimate forum for enforcing f...
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