Last week, the Supreme Court denied petitions for review in two cases:
- The Discover Bank remand case, in which the Court of Appeal avoided the question of whether the no-class-action arbitration provision was unconscionable under California law by holding that Delaware law applied. Discover Bank v. Superior Court (Boehr), 134 Cal.App.4th 886 (2005) (Supreme Court docket). The Court also denied the depublication request. My original post on this case is here.
- The UCL restitution decision, Colgan v. Leatherman Tool Group, Inc., ___ Cal.App.4th ___ (2006) (Supreme Court docket). My original posts on Colgan are here and here.