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Do California Jury Trial Waivers Inadvertently Guarantee Plaintiffs the Option of a California Jury Trial?

For those of you who are contracting with parties in California, we wanted to remind you that you cannot use a contractual jury trial waiver provision to waive the right to a jury trial in California. Indeed, a recent decision by a California appellate court suggests that including a jury trial waiver provision while contracting … Continue Reading

McGill v. Citibank, N.A.: Is the California Supreme Court Setting Up Another Showdown with the United States Supreme Court Over Arbitration?

On April 6, 2017, in a unanimous decision, the California Supreme Court held that an arbitration agreement in Citibank’s credit card contract that purportedly waived the plaintiff’s right to seek public injunctive relief under the Consumers Legal Remedies Act (CLRA), the Unfair Competition Law (UCL), and the False Advertising Law (FAL) in any forum was unenforceable as … Continue Reading