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U.S. Supreme Court,
Labor/Employment,
California Supreme Court,
California Courts of Appeal

Apr. 21, 2017

The arbitration Two-Step

Drama on "Dancing with the Stars" can't hold a candle to the Arbitration Two-Step recently set into motion by the California Supreme Court.

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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In McGill v. Citibank, NA, 2017 DJDAR 3305 (April 6, 2017), the California Supreme Court perfected its latest move in the decades-old search for a path around the Federal Arbitration Act (FAA). Call it the "Arbitration Two-Step."

McGill was supposed to be the case which forced the Supreme Court to confront the Broughton-Cruz rule. In Broughton v. Cigna Health Plans of Cal., 21 Cal. 4th 1066 (1999), and Cruz v. Pacificare Health Systems, Inc.

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