September 23, 2019 Articles

Whither McGill? The Intersection of Federal Arbitration Act Preemption and Public Injunctions

Are there any teeth to the California Supreme Court’s pronouncement that arbitration agreements violate a previously obscure provision of California law if they prohibit consumers from seeking so-called public injunctive relief in both court and arbitration?

By Michael P. Daly, Mark D. Taticchi, and Matthew J. Adler

Arbitration clauses are ubiquitous. They can be found in everything from airplane tickets to employment contracts. And they often contain a representative-action waiver—an agreement that arbitrations will resolve only the disputes between the parties and will not adjudicate or affect the rights of others.  

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