Becerra
Chamber of Commerce of the USA v. Becerra
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHAMBER OF COMMERCE OF THE No. 2:19-cv-02456-KJM-DB UNITED STATES OF AMERICA, et al., 12 Plaintiffs, ORDER v. 14 XAVIER BECERRA, in his official capacity as the Attorney General of the State of California, et al., 16 Defendants. 17 18 The Federal Arbitration Act (“FAA”) provides that arbitration agreements are “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. The U.S. Supreme Court has interpreted this provision expansively, observing that it reflects “a liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary.” Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983). This case raises the question whether the FAA preempts a new law passed by the California Legislature and signed into law by the Governor in late 2019. Specifically, on October 10, 2019, California…