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

Jul. 1, 2014

Iskanian: Arbitration's got a brand new bag

It took a great deal of prompting from the nation's high court to make California fall in line.

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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Last week's decision from the state Supreme Court in Iskanian v. CLS Transportation Los Angeles LLC, 2014 DJDAR 8037 (June 23, 2014), is like the little boy who pointed that the emperor was naked. And like the Hans Christian Anderson parable, it begs the question: Why did he walk around like that for so long?

California courts have been traditionally hostile to the Federal Arbitration Act, especially the FAA's requirement that "private agreements to arbitrate are enforced a...

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