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ARTICLE · 15 JANUARY 2020

AB 51 Update: Court Continues TRO on California's Arbitration Statute

Ogletree, Deakins, Nash, Smoak & Stewart
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Assembly Bill (AB) 51, which attempts to ban certain mandatory arbitration agreements, was scheduled to go into effect on January 1, 2020.

United StatesLitigation, Mediation & Arbitration

Assembly Bill (AB) 51, which attempts to ban certain mandatory arbitration agreements, was scheduled to go into effect on January 1, 2020. However, a coalition of business organizations filed a suit on December 9, 2019 seeking to enjoin AB 51. On December 30, 2019, a federal court in California issued a last minute temporary restraining order blocking AB 51 from going into effect and scheduled a hearing on the motion for January 10, 2020.

At the hearing, Chief U.S. District Judge Kimberly Mueller of the Eastern District of California heard oral argument on the motion for preliminary injunction in the Chamber of Commerce's challenge to AB 51. Judge Mueller had many questions—especially for the State. For now, the temporary restraining order remains in place and the matter has been taken under submission with supplemental briefing to be filed on January 17, 2020, and January 24, 2020, by the State and the Chamber of Commerce, respectively, on two issues: (1)

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