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Gentry: Class Action Arbitration Bans Not Always Enforceable in Wage Cases

Gentry Class Action Arbitration Decision Due Out Tomorrow

Among three opinions to be published by the Supreme Court tomorrow is the eagerly anticipated decision in Gentry v. Superior Court (Circuit City Stores) S141502 (B169805 – Los Angeles County Superior Court – BC280631), argued in Los Angeles 6-05-07. The issue under review is described by the Supreme Court as follows:

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.

You can read our notes from the oral arguments in a post here. After the hearing, we thought we were pretty sure there were at least four votes for Gentry, but a subsequent order granting review of a similar case where the appellate court struck down the class action ban (while simultaneously denying a petition to stay) left us scratching our heads. We'll know for sure tomorrow at 10:00 a.m.


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