Litigation
Jun. 5, 2012
Kilgore: Broughton-Cruz post-Concepcion
The battle line for the enforceability of some arbitration clauses is whether Mitsubishi applies to both state and federal statutes. By Richard L. Kellner of Kabateck Brown Kellner LLP
For decades, California state and federal courts have universally ruled that a party seeking injunctions under private attorney general statutes cannot be compelled to have those claims adjudicated in arbitrations. This has often been referred to as the "Broughton-Cruz rule," named after the state Supreme Court's decisions in Broughton v. Cigna Healthplans of California 21 Cal. 4th 1066 (1999), and Cruz v. Pac...
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