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Monday, December 24, 2012

Phillips v. Sprint PCS: Cal. Supreme Court Denies Review of Arbitration Decision

In Phillips v. Sprint PCS (9/26/12) --- Cal.App.4th --- (discussed here), the Court of Appeal issued two holdings that should be noted:
  1. A defendant whose motion to compel arbitration was denied in 2006 could renew the motion after Concepcion (the defendant filed its renewed motion two months after Concepcion came down); and 
  2. The arbitrator should decide whether the contract as a whole, rather than just its class action waiver clause, was unconscionable and unenforceable (the enforceability of the arbitration clause being a question for the court). 
On December 19, the California Supreme Court denied review of Phillips, so it stands as citable authority.

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