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Friday, October 26, 2012

Caron v. Mercedes-Benz Financial Services: Supreme Court Grants Review in CLRA Class Action Waiver Case, Defers Briefing Pending Iskanian

In Caron v. Mercedes-Benz Financial Services USA LLC (7/30/12) (discussed here), the Court of Appeal reversed an order denying a petition to compel arbitration in a civil action, holding that the Federal Arbitration Act (FAA) preempts the Consumer Legal Remedies Act (CLRA) prohibition on class action waivers.

On Wednesday, the California Supreme Court granted review in Caron and deferred briefing pending its decision in Iskanian v. CLS Transportation Los Angeles, LLC (discussed here), which includes the following issue:

Did AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S. Ct. 1740, 179 L.Ed.2d 742] impliedly overrule Gentry v. Superior Court (2007) 42 Cal.4th 443 with respect to contractual class action waivers in the context of non-waivable labor law rights?
The Supreme Court's web page for Caron (Case No. S205263) is here. I generally do not add grant-and-hold cases to our Watch List because the Court typically does not issue separate opinions in those cases. 

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