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9 U.S.C. 402(a)

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Kader v. Southern California Medical Center (2024) 99 Cal. App. 5th 214

Under 9 U.S.C. 402(a), a pre-dispute arbitration agreement is not enforceable to require arbitration (or waive a class action) on a claim for sexual harassment or assault under state or federal law.  Section 402 became effective on March 3, 2022 and applies to all disputes which arise after that date.  This decision holds that a "dispute" does not arise when… Read More