Truly Nolen v. Superior Court: A Unique Take On California’s Gentry Decision And Its Application To Arbitration Agreements In The Wake of Concepcion

In its landmark Concepcion and Stolt-Nielsen decisions, the U.S. Supreme Court made clear that courts must enforce private agreements to arbitrate according to their terms, even if doing so results in the enforcement of a class action waiver provision or otherwise compels a plaintiff to arbitrate her claims on an individual basis.  Perhaps the biggest issue facing California employers since Concepcion and Stolt-Nielsen has been whether Gentry v. Superior Court – in which the California Supreme Court articulated a four-factor test for invalidating class arbitration waivers – remains viable.  Thus far, California and federal courts addressing Gentry in light of Concepcion have done so in one of two diametrically-opposed ways:  by upholding Gentry’s rationale and applying it, or by declaring its end.    Read More