Litigation
Cal. Litig. 2021, Volume 34, Number 3
Content
- A Lion in Winter: Senior Circuit Judge J. Clifford Wallace at 92
- California LITIGATION
- Chevron Corp. v. Donziger and Paying the Piper
- Dirty Harry Turns 50: What If Harry Had Worn a Body Cam?
- EDITOR'S FOREWORD No Longer on Demand
- Flood v. Kuhn: Paving the Way for Athletic Bargaining and Free Markets
- From the Section Chair
- "Isn't that Special": The Limited Powers of Special Masters
- "Present at the Creation"
- She's No Rookie: Associate Justice Amy Coney Barrett Emerges as a Key Influencer in Her First Term
- Table of Contents
- The California Supreme Court, 2020-2021: Tracking the Impact of the Pandemic
- Three Recent Decisions on Section 998 Settlement Offers
- Can California Protect Employees from Entering into Mandatory Pre-Dispute Arbitration Agreements and Avoid Federal Preemption?
Can California Protect Employees from Entering into Mandatory Pre-Dispute Arbitration Agreements and Avoid Federal Preemption?
By Paul J. Dubow & Marc D. Alexander
Paul Dubow began arbitrating cases in 1972 and was initially trained as a mediator in 1994. He became a full time neutral in December 2000, following his retirement after 26 years as director of litigation at Dean Witter Reynolds. He has arbitrated or mediated over 550 cases. pdubow2398@aol.com.
Marc Alexander is a mediator and litigator at AlvaradoSmith APC. He authors the blog California Mediation and Arbitration (www.calmediation.org) and co-contributes to the blog California Attorneys Fees (www.calattorneysfees.com). His email is malexander@alvaradosmith.com.
In California, legislative efforts to prevent employers from requiring employees to sign pre-dispute arbitration clauses, removing the right to a court or jury trial, have traveled a long and rocky road. The biggest rock — really a boulder — has been the doctrine of federal preemption. Does the Federal Arbitration Act (FAA) preempt California’s most recent attempt to prevent employers from requiring employees to enter into mandatory pre-dispute arbitration agreements?