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Cal. Litig. 2015, Volume 28 Number 1

ADR Update: Dealing with AB 2617

By Paul Dubow

Paul Dubow

While the United States Supreme Court has recently broadened the scope of arbitration agreements, AT&T Mobility LLC v. Concepcion (2011)___U.S.___, 131 S.Ct. 1740, the California Legislature has limited them, at least in one instance. During its 2014 session, the Legislature passed AB 2617, amending Civil Code sections 51.7, 52, and 52.1. These three statutes protect California citizens from violence or threat of violence because of political affiliation, position in a labor dispute, or sex, race, color, religion, ancestry, national origin, disability, or medical condition, and would not ordinarily be considered the subject of an arbitration agreement. But the Legislature apparently thought so, and it is now quite likely that we will see causes of action based on these statutes where the parties have entered into an arbitration agreement and one of them wants to avoid arbitration.

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