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Litigation & Arbitration,
Labor/Employment,
9th U.S. Circuit Court of Appeals

Feb. 16, 2023

In reversal, 9th Circuit blocks state’s worker arbitration law

While AB 51 does not bar arbitration agreements, it imposes a "severe" burden on the formation of such deals, the circuit said.

A 9th U.S. Circuit Court of Appeals panel, reversing its own earlier decision, granted a preliminary injunction Wednesday blocking a California labor law because it is preempted by the Federal Arbitration Act.

The panel ruled partially in favor of the state in September 2021, but last August, 9th Circuit Judge William A. Fletcher — an appointee of President Bill Clinton who was part of the 2-1 majority — appeared to change his mind. The ca...

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