On October 28, 2024, WLF asked the Supreme Court to review, and ultimately to reverse, a California appeals court decision that sidesteps the Federal Arbitration Act. In McGill v. Citibank, the California Supreme Court held that an arbitration clause may not extinguish a party’s right to seek injunctive relief for the public at large. The California Court of Appeal recently held that this “McGill rule” is not preempted by the FAA. In urging the Supreme Court to take up that question, WLF’s amicus brief explains why the FAA preempts a state rule whose only purpose is to serve as a tool for striking down arbitration clauses.
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