On January 13, 2025, the Supreme Court declined to review a California appeals court decision that sidesteps the Federal Arbitration Act. The decision was a setback for WLF, which filed an amicus brief in the case urging review. In McGill v. Citibank, the California Supreme Court held that an arbitration clause may not extinguish a party’s right to seek injunctive relief for the public at large. The California Court of Appeal recently held that this “McGill rule” is not preempted by the FAA. In urging the Supreme Court to take up that question, WLF’s amicus brief explained why the FAA preempts a state rule whose only purpose is to serve as a tool for striking down arbitration clauses.
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