Law360 alerted me to one of the first significant decisions applying the Supreme Court’s opinion in AT&T Mobility v. Concepcion (see my blog post about the Concepcion decision) – the Northern District of California decision in In re California Title Insurance Antitrust Litigation, No. 08-01341 JSW, slip op. (N.D. Cal. June 27, 2011).
Arbitration/Appraisal
Appraisal Under Property Insurance Policies: California Court of Appeal Rules That Trial Courts Have Discretion To Defer Appraisal Until After Resolution Of Declaratory Judgment Claim
By Wystan Ackerman on
Posted in Arbitration/Appraisal, Property Insurance
The California Court of Appeal recently held in a putative class action that trial courts have discretion to defer an appraisal (which is similar to arbitration but limited to resolution of the amount of a property insurance loss) until after resolution of a declaratory judgment claim. The court did not address what impact that may…
Supreme Court Decision In AT&T Mobility v. Concepcion: Potential Impact on Insurance Class Actions
By Wystan Ackerman on
Posted in Arbitration/Appraisal
The Supreme Court recently issued a decision in AT&T Mobility LLC v. Concepcion. The majority upheld the use of a class action waiver in an arbitration provision in cell phone contracts. The Court held that the Federal Arbitration Act preempted California state law on unconscionability. The Ninth Circuit had held that under California law…