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SCOTUS Reverses Imburgia; Kills the Consumers’ “Poison-Pill” Argument in Arbitration Jurisprudence

by Scott J. Hyman |

In DIRECTV, Inc. v. Imburgia, 2015 WL 8546242, at *1-2 (U.S.Cal.,2015), the Supreme Court of the United States once again affirmed its preference for arbitration, and killed the "poison-pill" argument that had gathered fancy amongst the plaintiff's bar. Petitioner DIRECTV, Inc., and its customers entered into a service agreement that included a binding arbitration provision with a class-arbitration waiver. It specified… Read More

Court of Appeal (Cal.) Says, after Sanchez Remand, RISC Arb. Clause is Enforceable

by Scott J. Hyman |

In Gillespie v. Svale Del Grande, Inc., 2015 WL 7307139, at *5-6 (Cal.App. 6 Dist., 2015) (unpublished), the Court of Appeal issued a lengthy opinion after remand from the Supreme Court in Sanchez that the Arbitration clause was enforceable.  The Court rejected the argument that neither the Arbitration Clause's choice of law or poison-pill provisions negated FAA pre-emption. The California Supreme Court disagreed… Read More

Court of Appeal (Cal.) Finds Arbitration Clause Enforceable in Call Recording Class Action; Says Arb. Clause’s Reference to Using AAA Necessarily Incorporated AAA’s Rules, Including Delegation to Arbitrator Whether Class Claims Can Be Decided by Arbitrator

by Scott J. Hyman |

In Brinkley v. Monterey Financial Services, Inc., 2015 WL 7302268 (Cal.App. 4 Dist., 2015), the California Court of Appeal found a TCPA/Call Recording case to be within the scope of an enforceable arbitration clause:= We conclude that Brinkley's claims fall within the scope of the arbitration agreement and that the arbitration agreement is enforceable, with the exception of one provision… Read More

Our Report on Yesterday’s Oral Argument before the California Supreme Court on the Sanchez Arbitration Case

by Scott J. Hyman |

Yesterday, the California Supreme Court heard oral argument in Sanchez (Gil) v. Valencia Holding Co. LLC, S199119. (B228027; 201 Cal.App.4th 74; Superior Court of Los Angeles County; BC433634) on whether the Federal Arbitration Act (9 U.S.C. § 2), as interpreted in AT&T Mobility LLC v. Concepcion (2011) 563 U. S. __, 131 S.Ct. 1740, preempts state law rules invalidating mandatory arbitration provisions… Read More

11th Cir. Refuses to Enforce Arbitration Clause Requiring Tribal Arbitration Where Tribe Refused to Authorize an Arbitrator

by Scott J. Hyman |

In Inetianbor v. CashCall, Inc., --- F.3d ----, 2014 WL 4922225 (11th Cir. 2014), the Court of Appeals for the 11th Circuit found that an arbitration clause requiring a consumer to submit his claim to an authorized tribal arbitrator could not be enforced when the Tribe refused to authorize a tribal leader to arbitrate. To decide whether the forum selection… Read More

California Courts of Appeal (First and Sixth Districts) Issue Opinions on Enforcement of Arbitration Clause in Standard Form Automobile RISC

by Scott J. Hyman |

In Gillespie v. Svale Del Grande, Inc., 2014 WL 1509813 (Cal.App. 6 Dist. 2014), the Sixth District Court of Appeal found that Concepcion trumped the CLRA’s anti-class action waiver, but remanded the matter to the superior court to determine whether other unconscionable provisions could be severed. In this case, pursuant to Concepcion, supra, 131 S.Ct. 1740, we determine that the… Read More

Fourth District Court of Appeal (Cal.), Division 1 Issues Pair of Arbitration Decisions on Automobile RISC; Remands to Trial Court to Determine Severability of Unconscionable Provisions

by Scott J. Hyman |

In Trabert v. Consumer Portfolio Services, 2013 WL 1403084 (2013), Division 1 of the Fourth District Court of Appeal, in an unpublished decision, found the Arbitration Clause in a standard form RISC to be procedurally and substantively unconscionable, but remanded the matter to the trial court to determine whether those provisions could be severed. In sum, we have determined that… Read More