News & Publications

Hill v. Xerox Business Services, LLC shows how the Ninth Circuit's waiver test, revised after a 2022 SCOTUS case, could force defendants in potentially arbitrable cases to instead become further involved in class action litigation. In February 2023, the Ninth Circuit Court of Appeals held in a 2–1 decision that Xerox waived "its right to compel arbitration ... against unnamed"1 class members in Hill v. Xerox Business Services, LLC. In reaching its holding, the Hill majority stated that after the [...]

On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being in material breach of the arbitration agreement. In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee [...]

The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument. Near the end of its recent term, the Supreme Court made this requirement slightly less fraught. In Dupree v. Younger, the Court clarified that a party who wishes to preserve for appeal a purely legal issue resolved at summary judgment need not raise the issue anew [...]