Alternative Dispute Resolution
Mar. 10, 2001
Come Together
Classwide arbitration has been endorsed by both the California and federal courts.
Lawrence Waddington
Neutral, JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
Eighteen years ago, in Keating v. Superior Court, 31 Cal.3d 584 (1982), the California Supreme Court cited the California Arbitration Act as authority for a party to seek class-action status in arbitration. On review, the U.S. Supreme Court, in a footnote, tentatively confirmed joinder of arbitrable claims in class actions. Southland Corp. v. Keating, 465 U.S. 1 (1984).
Despite two subsequent California Court of Appeal decisions confirming the right to arbitrate class...
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