Author: Scott Dodson

Opinion Analysis: Richey v. AutoNation

Opinion Analysis: Richey v. AutoNation

On January 29, 2015, a unanimous California Supreme Court issued its opinion in Richey v. AutoNation, Inc., an important clarification on when a court can overturn an arbitration award. Facts Plaintiff Richey worked as an at-will employee for defendant Power Toyota. His employment terms included acceptance of (1) a company policy that prohibited outside work while on approved medical leave and (2) an agreement to resolve any employment dispute through arbitration. The arbitration agreement provided that any decision would be “final and binding.” The agreement did not expressly provide that courts could review any arbitration award for legal error. Richey...

The Tolling Effect of the Federal Supplemental-Jurisdiction Statute

The Tolling Effect of the Federal Supplemental-Jurisdiction Statute

In Brief On July 7, 2014, the California Supreme Court issued a unanimous opinion in City of Los Angeles v. County of Kern, holding the federal supplemental-jurisdiction statute to provide only a “grace period” of thirty days to refile a supplemental claim in state court after dismissal by a federal court. Under this holding, if a plaintiff refiles the claim in state court more than thirty days after a federal dismissal, the plaintiff could be barred by the state statute of limitations. Background Although federal courts are courts of limited jurisdiction, they may hear state claims under circumstances allowed by the...