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The Precarious State Of Public Injunction Waivers In Calif.

Law360 (May 17, 2019, 3:09 PM EDT) -- In 2017, the California Supreme Court preserved public injunctive relief for plaintiffs as an available remedy in McGill v. Citibank NA by making arbitration agreements which preclude consumers from seeking public injunctive relief unenforceable. Meanwhile, some federal courts have deviated from that holding so as to make its future uncertain.

In McGill v. Citibank, the California Supreme Court held that a provision in an arbitration agreement precluding an arbitrator from awarding public injunctive relief under the Unfair Competition Law, or UCL, and Consumer Legal Remedies Act, or CLRA, was unenforceable on the grounds that it violated California Civil Code §3513.[1] Civil...

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