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Scott P. JangBlog Posts

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The State of California Submits Opening Brief in Appeal Over AB 51 Injunction, Arguing FAA Preemption Does Not Apply

On January 31, 2020, a U.S. District Court preliminarily enjoined the enforcement of Assembly Bill 51 (AB 51) against arbitration agreements governed by the Federal Arbitration Act (FAA).  As enacted, AB 51 would prohibit employers from conditioning employment (including continued employment) or employment-related benefits on an individual signing a mandatory arbitration agreement for disputes arising... Continue Reading
May 22, 2020

California Appeals Preliminary Injunction Against State Ban on Employment Arbitration Agreements

The State of California has filed a notice of appeal of the district court’s decision granting a preliminary injunction enjoining the State from enforcing Assembly Bill 51 (AB 51) against employment arbitration agreements governed by the Federal Arbitration Act (FAA). Please find the full article on the Jackson Lewis Publications page here. Continue Reading
February 20, 2020

Court Issues Written Order Preliminarily Enjoining Enforcement of California’s Assembly Bill 51 and Hints at Future Success

On January 31, 2020, the district court in Chamber of Commerce of the United States, et al. v. Becerra, et al., E.D. Cal. Case No. 2:19-cv-2456, granted the request for a preliminary injunction enjoining the State of California (the State) from enforcing Assembly Bill 51 (AB 51) against arbitration agreements governed by the Federal Arbitration... Continue Reading
February 10, 2020

Court Grants Preliminary Injunction Against Enforcement of California’s Assembly Bill 51

The district court in Chamber of Commerce of the United States, et al. v. Becerra, et al., E.D. Cal. Case No. 2:19-cv-2456, granted the request for a preliminary injunction enjoining the State of California from enforcing Assembly Bill 51 (AB 51) with respect to arbitration agreements governed by the Federal Arbitration Act (FAA). AB 51... Continue Reading
January 31, 2020

Court Hears Oral Argument on Challenges to AB 51, Orders Further Briefing, and Maintains Temporary Restraining Order

Earlier today, the U.S. District Court for the Eastern District of California heard oral arguments on whether the court should enter a preliminary injunction preventing the State of California (State) from enforcing AB 51 while the court resolves the underlying challenge to the new law on the merits. See Chamber of Commerce of the United... Continue Reading
January 10, 2020

California Bar on Mandatory Arbitration Agreements in Employment Temporarily Enjoined

The State of California has been temporarily enjoined from enforcing Assembly Bill 51’s prohibition on mandatory employment arbitration agreements. Chamber of Commerce of the United States, et al. v. Becerra, et al., No. 2:19-cv-2456 (E.D. Cal. Dec. 30, 2019). Enforcement of Assembly Bill 51 is enjoined until the court can decide the pending motion for... Continue Reading
December 30, 2019

U.S. Chamber of Commerce Files Suit to Halt AB 51

California employers are not alone as they wrestle with AB 51’s January 1, 2020 new law on mandatory arbitration agreements. (For background on AB 51 see our article). On December 6, 2019, the U.S. Chamber of Commerce and other business organizations filed suit against the State of California to have AB 51 declared preempted by... Continue Reading
December 10, 2019

Pay the Piper – California Employers Pressed to Pay Arbitration Fees or Risk Harsh Consequences

California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law go into effect on January 1, 2020. Under the new law, if an employer fails to pay fees required for the commencement or... Continue Reading
October 18, 2019

New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?

California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo movement, but are subject to challenge under Federal Arbitration Act (FAA) preemption principles. Under Assembly Bill 51, signed by Governor Gavin Newsom... Continue Reading
October 15, 2019

“Ticket-gate”- Revisiting the Intersection of Professional Football and Class Actions

First, Deflategate. Now, “Ticket-gate?”  Stirring in the United States District Court, Northern District of Ohio, a putative class action takes aim at an unsafe football field, a cancelled preseason game, and over a million dollars in alleged consumer class damages.  The case is Herrick v. National Football League, et al. (N.D. Ohio, Case No. 5:17-cv-00472-CAB)....… Continue Reading
January 24, 2018

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