Executive Summary: The U.S. Supreme Court has vacated the decision of a California state court, which held that a trial court should apply the factors set out in the California Supreme Court’s 2007 decision in Gentry v. Superior Court to determine whether a pre-employment arbitration agreement containing a class-action waiver is enforceable. The U.S. Supreme Court remanded the case to the state court for further consideration in light of the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant (2013). See CarMax Auto Superstores California v. Fowler, No. 13-439 (February 24, 2014).
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