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Pearson Dental Supplies, Inc. v. The Superior Court of Los Angeles County, No. S167169, Supreme Court of California (April 26, 2010).

Articles Discussing Case:

The Continuing Saga of Mandatory Employment Arbitration Agreements in California.

Ogletree Deakins • April 27, 2010
On April 26, the California Supreme Court issued a decision providing useful clarification to employers intending to revise or enforce existing mandatory arbitration agreements. In summary, the court ruled that: (1) clear error of law will serve as a basis for vacating an arbitrator’s award where the error deprives an employee of a hearing on the merits of their Fair Employment and Housing Act (FEHA) claims or other unwaivable statutory claims; (2) arbitration agreements may lawfully preclude employees from pursuing administrative adjudication of their state law claims; and (3) in FEHA cases, the Supreme Court’s prior holding in Armendariz v. Foundation Health Psychcare Services, Inc. requires that arbitrators state reasons for their written decisions in sufficient detail to provide a meaningful basis for judicial review – mere written conclusions are not enough.

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