Spiro Moss authors amicus brief for CAOC; challenges extension of AT&T v. Concepcion to employment cases

On May 23, 2011, the Second Appellate District, Division Five, granted Consumer Attorneys of California ("CAOC")  leave to file their proposed brief as amicus curiae in support of the plaintiff in Brown v. Ralphs Grocery Company.  What would normally have been a standard request for leave to file an amicus brief was rendered somewhat less standard in light of the fact that oral argument had already occurred in Brown.  The Court of Appeal requested supplemental briefs on the question of whether AT&T Mobility LLC v. Concepcion (April 27, 2011) precludes the Gentry v. Superior Court (2007) 42 Cal.4th 443 defense to certain arbitration agreements.  After determining that the parties had not already addressed the issues, CAOC presented several bases for rejecting the contention that Concepcion overruled Gentry.

H. Scott Leviant was the primary author on behalf of CAOC.  Dennis F. Moss, Gregory N. Karasik, and J. Mark Moore of Spiro Moss LLP and David M. Arbogast of Arbogast & Berns LLP also contributed to CAOC's brief.  Spiro Moss will soon make a draft of the brief available on this website.

Update on Saturday, May 28, 2011 at 4:50PM by Spiro Moss

A draft of the Brief is available here.

Spiro Moss helps with successful effort to obtain publication of Jaimez v. DAIOHS USA, Inc., et al.

On February 8, 2010, the Court of Appeal (Second Appellate District, Division One) published a favorable decision in the field of wage & hour class action practice.  Jaimez v. DAIOHS USA, Inc., et al. was initially unpublished, but attorneys from Spiro Moss and Arbogast & Berns, LLP joined forces to author a successful Request for Publication on behalf of Consumer Attorneys of California ("CAOC") and California Employment Lawyers Association ("CELA").  In addition to the Request on behalf of CAOC and CELA, several other firms also filed Requests for Publication.