News & Analysis as of

Federal Arbitration Act Appellate Courts Preemption

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
DLA Piper

California Supreme Court Clarifies FAA Preemption, Relief From Forfeiture in Arbitration Fee Disputes

DLA Piper on

The California Supreme Court issued its decision, on August 11, 2025, in Hohenshelt v. Superior Court (Golden State Foods Corp.), S284498, addressing whether the Federal Arbitration Act (FAA) preempts California’s statutory...more

Proskauer - California Employment Law

California Supreme Court Saves but Guts Anti-Arbitration Statute

In Hohenshelt v. Superior Court, the California Supreme Court held that California Code of Civil Procedure Section 1281.98—a do-or-die statute requiring employers to pay arbitration fees within 30 days or waive the right to...more

Fenwick & West LLP

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

Fenwick & West LLP on

The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more

Mayer Brown

California Supreme Court Narrows Statute Governing Timely Payments of Arbitration Fees in an Attempt to Avoid Federal Preemption

Mayer Brown on

On August 11, 2025, the California Supreme Court decided Hohenshelt v. Superior Court, which addresses whether the Federal Arbitration Act (FAA) preempts a California statute known as Senate Bill 707 (SB 707) that regulates...more

Seyfarth Shaw LLP

The FAA Does Not Preempt the CAA’s Timely Pay Provisions

Seyfarth Shaw LLP on

The California Supreme Court ruled that the Federal Arbitration Act (FAA) does not preempt the California Arbitration Act (CAA) provisions that require the drafter of the arbitration agreement to pay all arbitration invoices...more

Paul Hastings LLP

California Supreme Court Issues Decision Addressing Whether the FAA Preempts California's Rule Governing Late Payment of...

Paul Hastings LLP on

The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more

Benesch

Ninth Circuit Provides Long-Awaited Guidance on Mass Arbitration Provisions

Benesch on

In the long-awaited newest chapter of case law discussing the validity and enforceability of arbitration clauses and class action waivers, the Ninth Circuit on October 28, 2024, dealt a setback, though not a fatal blow, to...more

Hinshaw & Culbertson LLP

A Bronx Tale: A New York State Trial Judge Calls Out New York State's Long-Standing Heightened Standard of Proving the Making of...

The Bronx, where I came of age and grew into young adulthood, is well-known for the scrap of its residents. That can also be said of its judiciary. On December 20, 2022, in Wu v. Uber Techs., Inc.,[i] the New York State...more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: Formation Trials and Tribal Corporations

This week, we take a look at a Ninth Circuit decision navigating the intricacies of appellate review of interlocutory arbitration orders, and another exploring the difference between a federally chartered tribal corporation...more

McManis Faulkner

Is California’s McGill Rule Still Good Law?

McManis Faulkner on

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

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