Another Chapter in Arbitration Wars

The legality of arbitration agreements brings a lot of people to Court in California. In this case, an order denying Defendant’s motion to compel arbitration was brought to the California Appeals Court, who found the trial court did not err in deciding the arbitration agreement was unenforceable under Massachusetts law, which the parties agreed applied to the employment relationship in question. Plaintiff cited a Massachusetts case, which she argued precluded arbitration of her discrimination claims, because the agreement did not specifically mention antidiscrimination cases. The court sided with the Plaintiff, and that under California’s choice-of-law rules, the agreement’s clause governs whether the agreement is enforceable under a chosen state. Harris v. Bingham McCutchen

Disclaimer: Our blog uses recent cases involving employment law issues. Our office does not represent parties in these cases. The cases are used for information purposes only, and should not be referred on for advice.

2017-12-13T21:46:47+00:00 July 15th, 2013|Arbitration|