On October 17, 2013, the CA Supreme Court overturned its February 2011 decision in Sonic Calabasas v. Moreno (“Sonic I”). Unfortunately, however, the dense, scholarly, 73-page opinion — known as Sonic Calabasas v. Moreno II (“Sonic II”) — gives little clarity to California employers trying to craft defensible, enforceable arbitration agreements. Background In the original Sonic… Read More
Posts Categorized In: Alternate Dispute Resolution (ADR)
U.S. Supreme Court Reverses and Remands California Supreme Court Decision in Sonic Calabasas v. Moreno
As a result of its decision in AT&T Mobility (which I blogged about here), on October 31, 2011 the U.S. Supreme Court reversed and remanded the California Supreme Court’s ruling in Sonic Calabasas v. Moreno (which I blogged about here). Now, as a result, the Sonic Calabasas decision is no longer good law in California. You can read… Read More
U.S. Supreme Court Issues Landmark Pro-Business Arbitration Ruling
Yesterday, the U.S. Supreme Court ruled in a 5-4 decision in AT&T Mobility LLC. v. Concepcion that the Federal Arbitration Act (“FAA”) preempts state laws that condition the enforceability of an entire class of arbitration agreements on whether or not they allow for classwide arbitration. The issue in the case was whether AT&T’s customer arbitration agreement,… Read More
Employment Arbitration Agreements After Sonic Calabasas v. Moreno
On February 24, 2011, a divided California Supreme Court ruled in Sonic Calabasas A, Inc. v. Moreno, S174475, that a worker who signs an otherwise valid pre-employment arbitration agreement does not give up his statutory right to seek administrative relief through Labor Commissioner hearings. In other words, even if that worker signed a mandatory arbitration… Read More
