Topic
Public Injunctive Relief
19 published works
Consumer Class Defense Counsel
A New Era of McGill Arbitration in California—Hodges v. Comcast
By Kendall E. Waters, Jaikaran Singh
Recent decisions out of the Northern District of California and Ninth Circuit may reflect a new era of McGill jurisprudence. In McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017),…
Inside Class Actions
Ninth Circuit Continues to Narrowly Interpret “Public Injunctive Relief” Under California’s McGill Rule
The Ninth Circuit has continued to chip away at California’s McGill rule, which bars the enforcement of arbitration provisions that waive a plaintiff’s right to seek public injunctive relief in…
Privacy World
Ninth Circuit Urged to Reconsider Ruling Narrowly Limiting “Public Injunctive Relief” Exception to Arbitration in Privacy and Data Collection Class Actions
CPW covered in September how the Ninth Circuit Court of Appeals reversed a district court order denying Comcast Cable Communications, LLC’s (“Comcast”) motion to compel arbitration under the Federal Arbitration…
Inside Class Actions
Ninth Circuit Narrowly Defines What Qualifies As “Public Injunctive Relief” Within the Meaning of California’s McGill Rule
California’s McGill rule is often invoked by plaintiffs to invalidate arbitration agreements that purport to waive the right to seek public injunctive relief in any forum. But the Ninth Circuit’s…
Inside Privacy
Ninth Circuit Narrowly Defines “Public Injunctive Relief” in Privacy Case, Limiting Plaintiffs’ Ability to Circumvent Arbitration Agreements.
By Kanu Song, Kathryn Cahoy, Andrew Soukup
In putative privacy class action Hodges v. Comcast Cable Communications, LLC, involving Comcast’s privacy and data-collection practices, Comcast moved to compel arbitration based on its subscriber agreement. The district court…
Class Action & Mass Torts
More on McGill: Ninth Circuit Affirms Order Enforcing Arbitration of Public Injunctive Relief Claims
Arbitration clauses with class action waivers remain one of the most effective lines of defense against consumer class actions. They are also one of the most challenged. As we have…
Business and Commercial
More on McGill: Ninth Circuit Affirms Order Enforcing Arbitration of Public Injunctive Relief Claims
Arbitration clauses with class action waivers remain one of the most effective lines of defense against consumer class actions. They are also one of the most challenged. As we have…
Class Action & Mass Torts
Choose Your Forum Wisely: Save Your Arbitration Clause From California’s Prohibition on Pre-Dispute Waivers of a Plaintiff’s Right to Seek Public Injunctive Relief
The U.S. Supreme Court’s ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) caused a shockwave in California’s class action bar when it held that the Federal Arbitration Act…
Arbitration and ADR
Choose Your Forum Wisely: Save Your Arbitration Clause From California’s Prohibition on Pre-Dispute Waivers of a Plaintiff’s Right to Seek Public Injunctive Relief
The U.S. Supreme Court’s ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) caused a shockwave in California’s class action bar when it held that the Federal Arbitration Act…
Arbitration Nation
Class Action Waivers Are Okay, But Waivers of Public Injunctive Relief Aren’t
Two posts on arbitration law in one day! What?!? Is it your birthday? No, no. (Well, maybe. And if so, happy birthday!) It’s just that I finished reading what I think…