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Thursday, May 21, 2015

McGill v. Citibank: In Light of Concepcion, Cal. Supremes Will Review Viability of Broughton-Cruz Rule that "Public Injunction" Cases May Not Be Compelled to Arbitration

In Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 and Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303, the California Supreme Court held that statutory claims for public injunctive relief are not subject to compulsory private arbitration.

In McGill v. Citibank, N.A., the Court will decide whether the Broughton-Cruz rule survives the United States Supreme Court's decision in AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 321 (discussed here). In Ferguson v. Corinthian Colleges, Inc., 733 F.3d 928 (9th Cir. 2013) (discussed here), the Ninth Circuit gave its view, holding that Broughton-Cruz does not survive.

The Court's web page for McGill is here.

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