Bending to ‘Concepcion,’ State Justices Likely To Hand Win to Employers

April 3, 2014 – In The News
The Recorder

David F. Faustman was quoted in The Recorder article "Bending to ‘Concepcion,’ State Justices Likely To Hand Win to Employers." While the full text can be found in the April 3, 2014, issue of The Recorder, a synopsis is noted below.

On Thursday, the California Supreme Court made it evident it has no intentions of going against the U.S. Supreme Court’s precedent, and that it will instead overrule its own decision in a 2007 case.

That case, Gentry v. Superior Court, prevented employers from enforcing class action waivers in arbitration agreements. The U.S. Supreme Court’s decision in Concepcion however, holds that the Federal Arbitration Act preempts state laws that pose obstacles to arbitration.

“One cannot read the words on the page [of Concepcion] without seeing the writing on the wall,” defense attorney David Faustman told the court, predicting that the Supreme Court would make “short work – very short work” of any decision that keeps Gentry alive.