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California Supreme Court

Case Status

Decided

Docket Number

S155439

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California Supreme Court declines to review case

October 31, 2007

U.S. Chamber urges California Supreme Court to review lititgation misconduct and waiver of arbitration right

September 17, 2007

NCLC urged the California Supreme Court to consider whether a party forfeits its contractual right to arbitration if it is alleged to have engaged in litigation misconduct. In this case, plaintiffs charge the defendant with having misrepresented the benefits of a proposed settlement. In its brief, NCLC argued that the California Court of Appeal’s decision undermined significant California Supreme Court precedent and that the right to arbitration should not be forfeited absent extraordinary circumstances.

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