Gentry Survives For Now, But Are Its Days Numbered?

Notwithstanding the U.S. Supreme Court’s 2011 decision in AT&T Mobility v. Concepcion, California courts continue to muddle through whether a court can mandate classwide arbitration, particularly in the context of arbitration agreements between employer and employee.  Truly Nolen of America v. Superior Court, decided this week by California’s Fourth District Court of Appeal, may at first blush appear to be just one more contradictory opinion on this issue.  However, while the Truly Nolen court declined to follow the broad precedential scope of Concepcion, it gave the California Supreme Court a clear road map for overturning Gentry v. Superior Court.  At the same time, the court raised the evidentiary bar for employees seeking classwide arbitration.

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