New class arbitration opinion: Nelsen v. Legacy Partners Residential, Inc.

In Nelsen v. Legacy Partners Residential, Inc., ___ Cal.App.4th ___ (Jul. 18, 2012), the Court of Appeal (First Appellate District, Division One) denied a writ petition challenging an order compelling arbitration of various wage and hour claims.

The opinion discusses the U.S. Supreme Court's Concepcion and Stolt-Nielsen opinions, as well as the California opinions Gentry, Kinecta, and Iskanian, the NLRB's D.R. Horton decision, and the Ninth Circuit's Kilgore and Coneff. 

Comments

[Elliot Silverman]

Interesting decision, thanks for the link.

The opinion also addresses the "death-knell" doctrine as it relates to the appealability of orders directing arbitration, something you've blogged about in the past.