May 16, 2017
Los Angeles – Century City associate Arsen Kourinian (Complex Commercial Litigation) wrote a May 12 article in Bloomberg BNA’s Class Action Litigation Report discussing why the California Supreme Court’s ruling in the consumer class action McGill v. Citibank may have a more limited impact on arbitration agreements than anticipated.
The case, which addressed the validity of an arbitration agreement waiving a party’s right to seek injunctive relief against a credit card company, was positioned to affirm or reverse the Broughton-Cruz rule precluding certain statutory claims for public injunctive relief from arbitration. Instead, the court held that the agreement was unenforceable as it waived a law intended for public benefit.
In the article, titled “California Supreme Court Arbitration Decision May Have Limited Impact,” Kourinian discusses key considerations that were addressed by the court’s ruling and questions that remain unanswered.