Contract Terms, SCOTUS, Preemption

New California statute raises questions for consumer arbitration provisions, but the spectre of potential federal preemption looms...

Hogan Lovells on 6/25/2025

California Senate Bill No. 940, which became effective January 1, 2025, places significant restrictions on arbitration provisions affecting California consumers. Under the law, consumers may void contractual provisions that...more

The Practical NLRB Advisor: Winter 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

Possible Supreme Court Review of California’s “McGill Rule” Moves One Step Closer as Ninth Circuit Stays Mandates in Blair Appeals

Ballard Spahr LLP on 1/31/2020

After denying the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent-a-Center appeals, the Ninth Circuit has granted their motions to stay the issuance of the Court’s mandates for 90 days pending the...more

Is California’s McGill Rule Still Good Law?

McManis Faulkner on 9/3/2019

On June 28, 2019, the Ninth Circuit held in three separate cases that the Federal Arbitration Act (FAA) does not preempt the California Supreme Court’s holding in McGill v. Citibank, N.A., 2 Cal.5th 945 (2017) — otherwise...more

Keep the Light On: U.S. Supreme Court Holds that Clear Consent is Required for Classwide Arbitration in Lamps Plus, Inc. v. Varela

Hudson Cook, LLP on 5/21/2019

We have good news from the U.S. Supreme Court for creditors who use arbitration agreements. On April 24, 2019, in Lamps Plus v. Varela, the Supreme Court held in a 5-4 decision that courts may no longer infer from an...more

SCOTUS Ruling has Far-Reaching Effects on Employment Litigation and Class Action

Epiq on 5/24/2018

On Monday, May 21, the Supreme Court, in a 5-4 decision, ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to bring class action suits over workplace issues....more

What’s Next for Employers After Epic Decision

Nilan Johnson Lewis PA on 5/23/2018

The U.S. Supreme Court gave a huge win to employers on May 21, 2018, in its much-anticipated decision in Epic Systems Corp. v. Lewis, upholding the validity of arbitration agreements that require employees to arbitrate claims...more

Contract Terms › Supreme Court of the United States › Preemption