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USA - December 20 2012
A New Jersey district judge has certified a nationwide class to pursue claims under the New Jersey Consumer Fraud Act (NJCFA) (pdf), in conflict with the decisions of other courts that have refused to permit nationwide classes to proceed under the law of a single state.
USA - December 2 2012
A California appellate court weighed in last week with another effort to circumvent the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion. In Franco v. Arakelian Enterprises, Inc., a panel of the Court of Appeal in Los Angeles affirmed an order refusing to enforce an employee’s agreement to arbitrate disputes with his employer, holding that Concepcion does not abrogate the California Supreme Court’s decision in Gentry v. Superior Court.
USA - June 6 2012
In AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), the US Supreme Court held that the Federal Arbitration Act (FAA) preempts the rule established by the California Supreme Court in Discover Bank v. Superior Court, 113 P.3d 1100 (Cal. 2005), under which most agreements that require consumers to arbitrate their claims against businesses on an individual basis were deemed unconscionable.
USA - April 18 2012
On April 12, 2012, the California Supreme Court issued its long-awaited decision on the scope of an employer’s obligation under California law to “provide” employees with meal and rest periods.
USA - January 20 2012
On January 12, 2012, the United States Court of Appeals for the Ninth Circuit decertified a nationwide class in Mazza v. American Honda Motor Co.
