In other arbitration-related developments, on October 31, 2011, the U.S. Supreme Court granted cert. in Sonic-Calabasas A, Inc. v. Moreno, no. 10-1450, and issued this order:
The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the Supreme Court of California for further consideration in light of AT&T Mobility LLC v. Concepcion, 563 U.S. ___ (2011).
In Sonic, the California Supreme Court held (in February, pre-Concepcion) that a provision in an employment contract waiving the right to a Berman hearing in favor of arbitration was unconscionable. Sonic-Calabasas A, Inc. v. Moreno, 51 Cal.4th 659 (2011). Justice Moreno's majority opinion was joined in by Chief Justice George, Justice Kennard, and Justice Werdegar; Justices Chin, Baxter and Corrigan dissented.
With two new members on the Court, it's hard to say where this will head. The case is not a class action. Here is a link to the docket: Sonic-Calabasas A, Inc. v. Moreno, S174475.