Appellate Law News and Insights

Court Obliterates California’s Anti-Arbitration Law

Published: Feb 20, 2023
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Yesterday, a three-judge Ninth Circuit panel revisited its own 2021 order and finally struck down California's anti-mandatory employment arbitration law, Assembly Bill 51 ("AB 51"). In an opinion drafted by the former dissenting judge, Judge Sandra Ikuta, the new majority declared AB 51 was preempted by the Federal Arbitration Act...

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Supreme Court Decides Not To Clarify Standard For Attorney-Client Privilege For Dual-Purpose Communications

Published: Feb 13, 2023
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On January 23, the Supreme Court surprisingly decided to dismiss as "improvidently granted" the writ of certiorari it had granted in the case In re Grand Jury, No. 21-1397. This one-line dismissal order came after full briefing by the parties, thirteen substantive amicus briefs from various legal and business organizations, and...

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Florida Court Declines To Find Exculpatory Clauses Preclude Strict Products Liability Claims

Published: Jan 29, 2023
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In a matter of first impression, a Florida appeals court recently held that a retailer's exculpatory clause does not apply to claims brought under a theory of strict products liability. In Harrell v. BMS Partners, LLC, the plaintiff purchased a motorcycle from a local retailer and alleged that the motorcycle soon began...

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