The California Supreme Court just set one of the arbitration cases for oral argument. Iskanian v. CLS Transportation, No. S204032, will be argued on Thursday, April 3, 2014 at 9:00 a.m. in Los Angeles.
These are the issues on review, per the docket:
(1) Did AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S. Ct. 1740, 179 L.Ed.2d 742] impliedly overrule Gentry v. Superior Court (2007) 42 Cal.4th 443 with respect to contractual class action waivers in the context of non-waivable labor law rights? (2) Does the high court's decision permit arbitration agreements to override the statutory right to bring representative claims under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.)? (3) Did defendant waive its right to compel arbitration?
I am in search of a roving reporter to cover this argument and provide a report for posting here. If you are interested, please drop me a line.