CHAMBER OF COMMERCE OF U.S. v. BONTA

No. 20-15291.

13 F.4th 766 (2021)

CHAMBER OF COMMERCE OF the UNITED STATES of America; California Chamber of Commerce; National Retail Federation; California Retailers Association; National Association of Security Companies; Home Care Association of America; California Association for Health Services at Home, Plaintiffs-Appellees, v. Rob BONTA, in his official capacity as the Attorney General of the State of California; Lilia Garcia-Brower, in her official capacity as the Labor Commissioner of the State of California; Julie A. Su, in her official capacity as the Secretary of the California Labor and Workforce Development Agency; Kevin Richard Kish, in his official capacity as Director of the California Department of Fair Employment and Housing of the State of California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2021.


Attorney(s) appearing for the Case

Chad A. Stegeman (argued), Deputy Attorney General; Michelle M. Mitchell , Supervising Deputy Attorney; Thomas S. Patterson , Senior Assistant Attorney General; Rob Bonta , Attorney General; Office of the Attorney General, San Francisco, California; for Defendants-Appellants.

Andrew J. Pincus (argued), Archis A. Parasharami , and Daniel E. Jones , Mayer Brown LLP, Washington, D.C.; Bruce J. Sarchet and Maurice Baskin , Littler Mendelson PC, Sacramento, California; Donald M. Falk , Mayer Brown LLP, Palo Alto, California; Erika C. Frank , California Chamber of Commerce, Sacramento, California; Steven P. Lehotsky and Jonathan Urick , U.S. Chamber Litigation Center, Washington, D.C.; for Plaintiffs-Appellees.

Cliff Palefsky and Matt Koski , McGuinn Hillsman & Palefsky, San Francisco, California, for Amicus Curiae California Employment Lawyers Association.

Dissent by Judge Ikuta.


OPINION

The Federal Reporter is awash with descriptions of "judicial hostility" to arbitration that spurred enactment of the Federal Arbitration Act (FAA). Evolution of this "hostility" is traced not to the particular desires of individual judges but to two doctrines of English common law: ouster (which made illegal...

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