09
Oct

A waiver of the right to bring a class action is enforceable as part of an arbitration agreement, and a state law rule to the contrary is preempted by the Federal Arbitration Act, 9 U.S.C. §1, et seq.[1] The FAA does not, however, preclude a rule barring contractual waiver of a representative action that does not use a class procedure, according to a recent decision by the Ninth Circuit, Sakkab v. Luxottica Retail North America, Inc.[2] In ...

02
Oct

Earlier this summer, our blog discussed a recent Ninth Circuit decision in which the court appeared to take a more liberal approach to removal jurisdiction under the Class Action Fairness Act (“CAFA”). Recently, the Ninth Circuit focused on the purpose of CAFA’s local-controversy exception to reinforce a key yet narrow limit on federal jurisdiction under CAFA.[1] Congress enacted CAFA in 2005 to curb perceived abuses of the class-action device by vesting federal courts with ...