This Week at the Ninth: Arbitration and Accomodation | Morrison & Foerster LLP - Left Coast Appeals
The panel: Judges Bea, Thapar (CA6), and Collins, with Judge Thapar writing the opinion. Key highlight: “If any doubt remains, consider this. Only an interpretation that public injunctive relief remains available will render the arbitration provision ‘lawful’ and ‘capable of being carried into effect.’ Cal. Civ. Code § 1643. And only this interpretation facilitates arbitration. Mitsubishi, 473 U.S. at 626. So both California law and the FAA tell us what to do next—construe the Agreement to abide by McGill and allow arbitration.” Background: Plaintiff Marggieh DiCarlo to...
Source: jdsupra.com