The Article Is Entitled, "The United States and the California Supreme Courts are not on the same page."
Several years ago, colleagues Mike and Marc of this blog litigated the issue of waiver of the right to arbitrate in the 9th Circuit. Their client prevailed in the case, but lost the skirmish arguing about whether their client had waived the right to arbitrate. Now, Marc has an article in the June 10, 2022 online edition of the Daily Journal, contrasting the United States and California Supreme Courts' divergent views about waiver of the right to arbitrate. Accessing the Daily Journal online requires a subscription.
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