Arbitrability

Who decides whether the matter is subject to the contract’s arbitration clause?

Elizabeth R. Feffer

From Issue: 2021 September

Appellate Review

Arbitration agreements in health-care settings; also, the “baseball rule” on assumption of the risk; legal malpractice, causation and anti-SLAPP

Jeffrey I. Ehrlich

From Issue: 2022 May

Appellate Reports

McGill v. Citibank NA — Allows an individual plaintiff to seek a public injunction under the UCL and FAL – relief whose primary purpose is to benefit the public generally – without the need to pursue the claim as a class action

Jeffrey I. Ehrlich

From Issue: 2017 May

Appellate Reports

In Adolph, California Supreme Court declines to follow High Court on arbitration of PAGA actions

Jeffrey I. Ehrlich

From Issue: 2023 September

Analyzing unconscionability in arbitration agreements

Does that arbitration clause read like a deal with the devil? A lighthearted and meaningful presentation of unconscionability

Jackson Lucky

From Issue: 2022 September

Appellate Review

Garcia v. Pexco — Defendant may enforce arbitration agreement when plaintiff alleges a defendant acted as an agent of a party to an arbitration agreement

Jeffrey I. Ehrlich

From Issue: 2017 July

Appellate Reports and Shorter Takes

FAA does not apply when son with power of attorney signs arbitration agreement with hospital, later sues for elder abuse in father’s death

Jeffrey I. Ehrlich

From Issue: 2018 April

Appellate Reports

Retroactive application of arbitration agreements in employment actions

Jeffrey I. Ehrlich

From Issue: 2019 May

Appellate Report

Warning labels on generic drugs; also, refusal to pay arbitration fees, and HOAs suing for construction defects

Jeffrey I. Ehrlich

From Issue: 2023 April