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