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Weekly Appellate Report #17

By Brian Cardile | Aug. 19, 2016

Appellate Practice

Aug. 19, 2016

Weekly Appellate Report #17

Rex Heinke (Akin Gump) discusses class arbitration after 'Sandquist;' Ben Feuer (Cal. App. Law Grp.) previews an OT2016 case considering the separation of church and state


This week's show considers two critical cases, one a Cal. Surpreme Court ruling from July with major employment law impacts, the other a SCOTUS case reconsidering where the line is righty drawn between church and state.

Rex Heinke (Akin Gump) first visits to discuss 'Sandquist v. Lebo Automotive,' which issued from the Cal. Supreme Court in July, and in which the court determined that an arbitrator (rather than a court) should decide whether class claims may proceed to arbitration where an employment agreement is ambiguous on the matter. The ruling goes against holdings in other federal and state courts, and Mr. Heinke will consider whether it will likely meet SCOTUS reversal.

Then, Ben Feuer continues our summer SCOTUS preview series, discussing a case that will reexamine the proper boundary between church and state, this time in the context of a dispute over whether a Lutheran school, which otherwise qualified for a state-sponsored playground equipment replacement program, could constitutionally be denied such subsidies based on its religious affiliation. That case is Trinity Lutheran Church of Columbia v. Pauley.

Don't forget CLE credit is available for listeners of the podcast; find a short true/false test through a link below.

Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter

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