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- Title
California: Class Arbitration Waivers.
- Abstract
The article reports on two rulings in California concerning the validity of class arbitration waivers. The California Court of Appeal found that a credit cardholder agreement in the Boehr v. Discover Bank case is under Delaware law and that the waiver can be enforced. The decision in the Aral v. Earthlink case stated that a waiver could not be enforced even though a provision indicated it was under Georgia law. An explanation is given for the two decisions to show why they are not inconsistent. The topics of choice-of-law provision and class action waivers are mentioned.
- Subjects
UNITED States; CALIFORNIA; GEORGIA; DELAWARE; COMMERCIAL arbitration agreements; LEGAL judgments; CLASS actions -- Law &; legislation; DISCOVER Bank (Company); EARTHLINK LLC; ACTIONS &; defenses (Law)
- Publication
Dispute Resolution Journal, 2006, Vol 61, Issue 1, p6
- ISSN
1074-8105
- Publication type
Article