Public Injunctive Relief Vs. Arbitration: An Ongoing Debate

Law360 (May 13, 2020, 3:48 PM EDT) -- Twenty years ago, in Broughton v. Cigna Healthplans of California, the California Supreme Court decided that there was an inherent conflict between private arbitration and public injunctive relief — a form of injunctive relief available under various California consumer protection statutes.[1]

Over time, the court has limited in various ways the enforceability of arbitration agreements that purport to curtail the availability of public injunctive relief — most recently, in McGill v. Citibank NA in 2017, holding that arbitration agreements that waive entirely the right to pursue public injunctive relief are not enforceable.[2]

The U.S. Court of Appeals for the Ninth Circuit has held...

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