Blog

Filter By:
Sort By:

Tag: arbitration

May 26, 2018

Weekly litigation report — May 26, 2018

The Constitution protects property rights from unelected government agencies Holding state administrative agencies accountable to the law Does "land owned or controlled by the Federal Government" include the ocean? PLF sues Seattle for banning new housing websites Democracy vouchers violate free speech PLF responds to Seattle's appeal in first-in-t ...

May 21, 2018

A victory for freedom of contract

In the federal statute heavyweight championship bout between the 1925 Federal Arbitration Act (FAA) and the New Deal's 1935 National Labor Relations Act (NLRA), the Supreme Court today declared a winner: The Federal Arbitration Act by a knockout! ...

June 24, 2017

Weekly litigation report — June 24, 2017

Supreme Court goes squishy on property rights Free speech includes freedom to insult Free speech means letting high school kids be high school kids Howling at the wolf listing Doing time even if you didn’t know you committed the crime  Washington appellate court rules that property is not protected by the constitution End-run around arbitra ...

June 19, 2017

Supreme Court tacitly accepts class action lawyers’ ability to evade employment contracts (for now)

California's Private Attorney General Act is a bounty hunter statute that deputizes employees as "representatives" to sue their employers for alleged Labor Code violations. These representative actions bear a close resemblance to a standard class action, with the exception that the plaintiffs have to split their recovery with the state. While emplo ...

June 17, 2017

Weekly litigation report — June 17, 2017

Interior Secretary Zinke Recommends Bears Ears Reduction Indian River County School Board responds to public outcry, but continues to ignore First Amendment California Supreme Court protects private property Class Action action Florida family loses property rights' case in Florida appellate court Telling truth to tort Supreme Court asks town to res ...

April 08, 2017

Weekly litigation report — April 8, 2017

Competitors' Veto Law Repealed! Another “relevant parcel” case headed for the Supreme Court Cap and trade upheld by California court of appeal Just compensation means compensation that is just, not cheap Oral argument in Missouri anti-discrimination case California courts don’t like competition WOTUS to remain before SCOTUS Access ...

April 07, 2017

Ex-Bloomingdale’s employee prefers forum shopping

When the California Supreme Court invalidated yet another arbitration contract in yesterday's McGill v. Citibank decision, I explained that a cert petition would almost certainly follow. PLF has supported many, many cert petitions challenging California's anti-arbitration rules because we believe that competent adults have the freedom to contract t ...

April 06, 2017

California Supreme Court’s latest slippery evasion of federal arbitration law

Sharon McGill sued Citibank under California's consumer protection laws for alleged unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account. McGill signed a contract that contained an arbitration provision and twice was offered the opportunity to opt-out of the arbitrati ...

January 13, 2017

Cert grant pitting “concerted activities” against freedom of contract

Today the Supreme Court granted certiorari in three cases that raise the same issue: whether the National Labor Relations Act, which protects workers' rights to engage in "concerted activities" for their mutual benefit, trumps the Federal Arbitration Act's protection of the freedom of contract that allows employers and employees to agree to resolve ...

June 17, 2016

Weekly litigation report — June 17, 2016

Property rights — limits on the public trust doctrine The Washington state court of appeals issued this opinion on the “public trust doctrine” in Chelan Basin Conservancy v. GBI Holdings.  The facts here involved a lake that had been raised 21 feet by a dam in the 1920s. GBI owned several acres of land that periodically flooded ...