Class Waiver Cases Addressing Concepcion
Gutierrez v. Wells Fargo Bank, NA, Case No. 10-16959 (9th Cir. Dec. 26, 2012) (refusing to vacate district court’s judgment, rejecting argument that interim ruling of Concepcion created new right to arbitrate in this particular class action banking dispute; defendant waived right to arbitrate by litigating to judgment while Concepcion was pending, notwithstanding permissive arbitration clause)
Natalini v. Import Motors, Inc., Case No. A133236 (Cal. Ct. App. Jan. 7, 2013) (affirming denial of petition to compel individual arbitration in putative class action lawsuit; class waiver arbitration clause in motor vehicle sales contract procedurally and substantively unconscionable, notwithstanding Concepcion)
Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Cal. Ct. App. Jan. 16, 2013) (affirming dismissal of putative class action lawsuit in employment dispute, citing Concepcion; underlying employment agreement contained a class waiver arbitration clause which should be upheld under FAA, notwithstanding California Gentry, Franco, and Truly Nolen decisional law holding such class waivers unenforceable)
Claim Preclusion
Casady v. The Waffle, LLC, Case No. B235553 (Cal. Ct. App. Jan. 3, 2013) (affirming denial of requests to restore and recommence civil action after arbitration was dismissed for failure of the plaintiff failed to pay share of arbitrator’s fee; dismissal of arbitration was a sanction and constituted an award on the merits)
This post written by Michael Wolgin.
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