Public Injunctions as a Way around Concepcion: California's Continued Resistance to the Federal Arbitration Act

Authors

Elizabeth Kiesewetter

Abstract

This note outlines the general applicability of the FAA and preemption. Next, it examines the Supreme Court's precedent concerning preemption, as it relates to class actions and public policy. This note argues that California's public injunction exception does prohibit outright the arbitration of a particular type of claim and is, thus, preempted by the FAA. The Supreme Court will likely see this rule as being at odds with the FAA and as another repudiation from the California courts of their long-standing FAA jurisprudence. Finally, this note argues that, despite the likely preemption of California's rule, there are strong policy arguments against arbitrating claims for public injunctive relief and that these claims should be exempted from the FAA.

Recommended Citation

Elizabeth Kiesewetter, Public Injunctions as a Way around Concepcion: California's Continued Resistance to the Federal Arbitration Act, 2014 J. Disp. Resol. (2014)
Available at: https://scholarship.law.missouri.edu/jdr/vol2014/iss1/7