U.S. Supreme Court,
Labor/Employment,
California Supreme Court
Jan. 1, 2015
Supremacy at the state high court
Will this be the year that the court surrenders to the supremacy clause of the U.S. Constitution with regard to the Federal Arbitration Act? I doubt it.
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.
A recent article in the Boston University Law Review referred to the California's Supreme Court's 25-year-plus hostility to the Federal Arbitration Act as an "endless battleground." Will 2015 be the year that the court surrenders to the supremacy clause of the U.S. Constitution? I doubt it.
California courts traditionally have been hostile to the FAA's requirement that "private agreements to arbitrate are enforced according to their terms," and barring any state rule that "stands ...For only $95 a month (the price of 2 article purchases)
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