State High Court Backs Arbitration Clauses Invoked by Developers

Writing for the majority, Justice Marvin Baxter said an arbitration covenant adopted by a condo developer binds a homeowner's association pursuing construction defect claims.

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What's being said

  • Darren McKinney, American Tort Reform Association, Washington, D.C.

    An encouraging embrace of common sense by a majority of California's high court. Discouraging petty and/or preposterous lawsuits should become the raison d’être of every judge in the once Golden State as it crumbles toward insolvency. If judges want to worry less about court budget cutbacks, they'd best start showing some real hostility to their state's inventive but ultimately parasitic and enervating plaintiffs' bar.

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