New CA Arbitration Case

 
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I can help! Since 2012, I've helped many California lawyers save time and easily keep up with the new case law in their practice areas to win more and make more money by publishing California Case Summaries™ with short summaries (one paragraph), organized by legal topic, of every new CA civil case published in monthly, quarterly and annual subscription editions.
 
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Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021click here. 

Arbitration

In California cases with arbitration agreements, a common issue is whether California law will be preempted by the Federal Arbitration Act (FAA). Last month, the Second District Court of Appeal published a new case addressing whether the FAA applied to an arbitration agreement regarding employees who provided paratransit services required by the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.). A video discussing the case is above and my summary of the case is below.

New Arbitration Decision  

Evenskaas v. California Transit, Inc. (2022) _ Cal.App.5th _ , 2022 WL 2763374: The Court of Appeal reversed the trial court's order denying defendant's motion to compel arbitration of plaintiff's wage and hour class action. The trial court denied the motion on the grounds that California law, rather than the Federal Arbitration Act (FAA; 9 U.S.C. § 1 et seq.), applied to the arbitration agreement because the agreement did not involve interstate commerce, and under the California Supreme Court's decision in Gentry v. Superior Court (2007) 42 Cal.4th 443 (Gentry) plaintiff's waiver of his right to bring class action claims was unenforceable. The Court of Appeal disagreed. Because defendant California Transit was hired to provide paratransit services (required to be provided by the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), and plaintiff was hired to provide those services, the arbitration agreement involved interstate commerce for purposes of the FAA, the FAA applied to the arbitration agreement, and the FAA preempted the Gentry rule that certain class action waivers in employment arbitration agreements are unenforceable. (C.A. 2nd, July 15, 2022.)

California Case Summary™ Publications

California Case Summaries Monthly™:  short summaries (one paragraph), organized by legal topic, of every new civil case published by California courts every month. This subscription is currently open for a short time. To subscribe, click here.

California Case Summaries Quarterly™: short, organized summaries of every new civil case, published by California courts every quarter, with the official case citations. This subscription is currently open for a short time. To subscribe,
click here.

Annual Practice Area Case Summaries™: Early every January, we publish Annual Practice Area case summaries for the practice areas of Employment, Real Property and Torts with short, organized summaries of every new civil case in each practice area (plus additional important legal topics), with the official case citations. 

California Case Summaries Annual™: Published early every January, with short, organized summaries of every new civil case published the year before, with the official case citations.  

Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here.


Mediation, Arbitration and Referee Services

I help attorneys and their clients as a mediator, arbitrator and referee with ADR Services, Inc., handling cases in the areas of business, employment, insurance bad faith, insurance coverage, legal malpractice, medical malpractice, personal injury, real property and wrongful death. I conduct Zoom hearings throughout California and also in-person services. When you need a neutral who knows CA law, to schedule a matter please contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600.  
 

Stay safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected] 

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