Wage Law points out that on Wednesday, the Supreme Court denied review in Lee v. Southern California University, no. S151885. In Lee, the Court of Appeal affirmed an order denying a motion to compel arbitration, despite the fact that many of the putative class members had signed contracts with arbitration clauses. This development indirectly supports my observation that the Supreme Court does not appear to be granting review in cases in which the lower courts declined to enforce arbitration clauses, particularly those that purport to ban classwide relief.
The Court of Appeal's opinion is Lee v. Southern California University for Professional Studies, ___ Cal.App.4th ___ (Mar. 16, 2007). My original post on the Lee decision is here.