https://www.law.com/therecorder/2023/02/15/9th-circuit-rules-federal-law-preempts-california-ban-on-mandatory-employee-arbitration/
Judge Sandra Segal Ikuta, of the U.S. Court of Appeals for the Ninth Circuit, speaking during a panel discussion at the Federalist Society’s 2018 National Lawyers Convention, held at The Mayflower Hotel in Washington, D.C., on Friday, November 16, 2018.NEWS
The court’s majority opinion said California’s arguments regarding consent in arbitration cases “misunderstand basic principles” of the state’s contract law. Yet, a dissenting judge said his colleagues in the majority are the ones departing from “fundamental principles.”
February 15, 2023 at 09:27 PM
5 minute read
California’s law banning mandatory employee arbitration is preempted by the Federal Arbitration Act, according to an appeals court decision Wednesday.
A majority opinion from the U.S. Court of Appeals for the Ninth Circuit called California’s AB 51 “antithetical” to the FAA’s “liberal federal policy favoring arbitration agreements.”
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