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U.S. Supreme Court,
Labor/Employment,
California Supreme Court

Jul. 18, 2013

The life and times of Gentry v. Superior Court

The last six years have not been kind to the state high court's landmark arbitration ruling, and the court is poised to reverse itself.

Steven B. Katz

Partner
Constangy, Brooks, Smith & Prophete LLP

1800 Century Park E Fl 6
Los Angeles , CA 90067

Phone: (310) 597-4553

Email: skatz@constangy.com

USC Law School

Steven B. Katz is a partner and co-chair of the Appellate Practice Group at Constangy, Brooks, Smith & Prophete, LLP. He represents employers in class, collective and representative actions, and appeals.

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Section 2 of the Federal Arbitration Act provides that arbitration agreements "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." 9 U.S.C. Section 2. As the U.S. Supreme Court noted in Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 443 (2006), "Section 2 embodies the national policy favoring arbitration."

Nevertheless, California's courts have been traditionally hostile to the FAA's re...

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