Search

Search form

Scott P. JangBlog Posts

See all

  • Ninth Circuit Upholds Arbitration for Non-Signatory Defendant

    California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory to an arbitration agreement based on California law. Read the full article on Jackson Lewis Litigators... Continue Reading
    June 7, 2021
  • Ninth Circuit Upholds Arbitration for Non-Signatory Defendant

    California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory to an arbitration agreement based on California law. Isabelle Franklin was employed by a staffing...… Continue Reading
    June 7, 2021
  • Private Attorneys General Act Round-Up for 2020

    2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims. The California courts focused on two issues involving PAGA this year: Can a Plaintiff proceed with their PAGA claim (standing)? Can a Defendant compel arbitration when there is a PAGA... Continue Reading
    January 6, 2021
  • No Initials, No Problem: California Court of Appeal Holds Failure to Initial Not Enough to Prevent Arbitration

    “What if neither party to an arbitration agreement places initials next to a jury waiver contained in the agreement, even though the drafter included lines for their initials?” asked the California Court of Appeal in Martinez v. BaronHR, Inc.,Cal. App. LEXIS 631 (2020). The employee in Martinez was given several employment-related documents, including an arbitration... Continue Reading
    July 14, 2020
  • Update on Arbitration Agreements in California: U.S. Supreme Court Denies Certiorari in OTO, LLC v. Kho

    On June 8, 2020, the U.S. Supreme Court denied the employer’s petition for certiorari in OTO, LLC v. Kho. As background, in 2019, the California Supreme Court ruled in OTO that the arbitration agreement at issue was not enforceable because the agreement was both procedurally and substantively unconscionable. The procedural unconscionability finding generally focused on... Continue Reading
    June 12, 2020
  • 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

Pages