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Sep. 4, 2020

Who’s afraid of the FAA?

A recent appellate decision shows just how far the courts are willing to go to insulate California public policy from the preemptive effect of the Federal Arbitration Act.

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.

Academic commentators have documented California courts' continued "hostility" and "continued possessiveness of their jurisdiction over certain arbitration cases." Lyra Haas, "The Endless Battleground: California's Continued Opposition to the Supreme Court's Federal Arbitration Act Jurisprudence," 94 B.U. L. Rev. 1419, 1455 (2014). A recent decision from Division 8 of the 2nd District Court of Appeal ...

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