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Gentry Argument Tomorrow

Arguments in Gentry v. Superior Court will be heard tomorrow before the California Supreme Court in Los Angeles. We might actually catch this one, but in case we don't, please feel free to email us your notes if you attend. Gentry will determine whether Discover Bank applies to substantial wage and hour class actions, and makes it substantively unconscionable to impose a class action ban upon employees whose wage and hour claims might sometimes be large enough to pursue individually. The issue on appeal in Gentry reads as follows:

Petition for review after the Court of Appeal denied a petition for peremptory writ of mandate. This case presents issues regarding the enforceability of an arbitration provision that prohibits employee class actions in litigation concerning alleged violations of California's wage and hour laws.

It appears that Ellen Lake will be arguing the case for the employees, and will share her time with Michael Rubin, Dorothea Langsam or Cliff Palefsky (for amicus International Brotherhood of Teamsters); and that Steven Katz of Thelen Reid will argue on behalf of the employer.


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