New class arbitration opinion: Franco v. Arakelian Enterprises, Inc.

Nov 27

Written By

In Franco v. Arakelian Enterprises, Inc., ___ Cal.App.4th ___ (Nov. 26, 2012), the Court of Appeal (Second Appellate District, Division One) affirmed an order denying a petition to compel arbitration in a wage and hour class action, holding (among other things) that Gentry remains good law and was not overturned by either Concepcion or Stolt-Nielsen.

The comprehensive (and unanimous) opinion tops out at 65 pages, and cites a number of secondary authorities, including these law review articles:

Note, There IsStill Hope For The Little Guy: Unconscionability Is Still A Defense Against Arbitration Clauses DespiteAT&T v. Concepcion (2012) 33 Whittier L.Rev. 651
Gilles & Friedman, After Class: AggregateLitigation in the Wake of AT&T Mobility v. Concepcion (2012) 79 U.Chi.L.Rev. 623

New class arbitration opinion: Franco v. Arakelian Enterprises, Inc.

Briefs from Aryeh v. Canon Business Solutions, Inc.

Ninth Circuit schedules en banc oral argument in class arbitration case: Kilgore v. KeyBank N.A.