Matter Still In Flux, Although Opinion Found Most Intermediatory California Appellate Court Agree With No Preemption Conclusion, But With Federal Judges Split On The Issue.
The 1/1 DCA in Cohn-Perez v. Security Industry Specialists, Inc., Case No. A168297 (1st Dist., Div. 1 Jan. 29, 2025) (partially published) sided with its earlier interpretation in Keeton that the FAA did not preempt CCP § 1281.98’s 30-day deadlines for an employer to pay arbitration expense invoices in an arbitration involving an employee, meaning the matter returned to state court for adjudication. Keeton was accepted for California Supreme Court review pending resolution of an earlier case which was granted review, Hohenshelt, Case No. S284498. We checked the website for Hohenshelt, which indicates the case was fully briefed as of January 9, 2025. The Cohn-Perez appellate court also observed that most intermediate California appellate decisions did not accept the preemption argument, but did recognize a tangible split among federal courts.
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