Litigation & Arbitration
Feb. 5, 2025
California's new arbitration amendment is a legal tangle waiting to be unwound
See more on California's new arbitration amendment is a legal tangle waiting to be unwound
California law appears headed for another collision with the Federal Arbitration Act (FAA), the "congressional declaration of a liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary." Rosenthal v. Great Western Fin. Secs. Corp., 14 Cal. 4th 394, 405 (1996). The FAA preempts "[a]ny state law rule that 'singles out arbitration agreements for disfavored treatment.'" Garcia v...
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