Jeremy A. Gunn is an associate in the Litigation Department of Montgomery McCracken.
California Supreme Court Reins in Arbitration Waivers of Public Injunctive Relief Under Consumer Protection Laws
Last month the California Supreme Court ruled that an arbitration clause in a credit card agreement that waives the statutory right to seek public injunctive relief in any forum violates California public policy and is unenforceable. In McGill v. Citibank, 2 Cal. 5th 945, 393… Read More
Third Circuit Holds Courts, Not Arbitrators, Decide if Class-Wide Arbitration is Authorized, Even if Arbitration Agreement Invokes AAA Rules
The Third Circuit began the New Year by ruling that courts, not arbitrators, decide whether an arbitration agreement authorizes class-wide arbitration, even if the agreement invokes American Arbitration Association rules. Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, — F.3d —, 2016 WL 53860 (3d Cir.… Read More