We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
Lexology logo
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-2 of 2

9th Circuit: Federal Arbitration Act preempts California's Broughton-Cruz rule on claims for injunctive relief

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • March 12 2012

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals has now held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”) preempts the California Broughton-Cruz rule that prohibited arbitration of claims for injunctive relief under California’s Unfair Competition Law

US Supreme Court gives green light to class action waivers in consumer contracts

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • April 28 2011

On April 27, 2011, the U.S. Supreme Court, ruling in a five-to-four decision, in AT&T Mobility LLC v. Concepcion et ux., held that California's Discover Bank rulea rule that largely invalidated class action waivers in arbitration provisions in consumer contracts in California and other states following similar rulesis preempted by the Federal Arbitration Act because it "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress