Here are a couple of updates on cases CBL has reported on over the last few months.
First, under the category "Court of Appeals Pokes SCOTUS in Eye," binding arbitation division, CBL reported on July 14 about Brown v. Ralph's Grocery Stores (July 12, 2011) ___Cal.App.4th ___ (2nd Dist., B222689) wherein the Court of Appeals used some extremely convoluted reasoning to try to get around the US Supremes' disapproval of Discover Bank v. Superior Court (2005) 36 Cal.4th 148. The Brown court essentially tossed a binding arbitration provision with a class action waiver in an employment action brought under California's Private Attorney General Act. The employer has petitioned the Cal Supremes for a hearing. They have until November 21 to grant or deny a hearing (if they grant themselves a 30-day extension). The Cal Supremes' case number is S195850.
Second, under the category "Who just took my $15 million verdict away?" ancient precedent division, CBL reported in March on Leung v. Verdugo Hills Hospital (now an unciteable case) where the Court of Appeal relied on some very old authority to hold that release of one defendant in a multi-defendant lawsuit could result in the release of all defendants. The Court of Appeal begged the Cal Supremes to take the case up. The Cal Supremes have obliged and granted a hearing, and the first brief on the merits is due September 7. The Cal Supremes' case number for this one is S192768.
Stay tuned. CBL will keep you up to date.