Latest Concepcion Curb Tees Up Issue For Calif. High Court
Law360, San Diego (March 22, 2013, 11:06 PM EDT) -- A California appeals court's Tuesday finding that an employer's arbitration agreement was "unconscionably one-sided" signifies that state courts are going to continue to apply the U.S. Supreme Court's landmark Concepcion ruling narrowly until the California Supreme Court weighs in on the issue, attorneys said.
In a 2-1 decision, the Second District Court of Appeal ruled the deal was unenforceable, nixing a lower court's order pushing a proposed wage-and-hour class action against American Management Services LLC into arbitration. In the suit, former property manager Leasa Compton accuses the company of overtime and meal and rest break violations.
The appeals court held that...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!