Alright, we all know in the wake of Italian Colors, Concepcion, and now many other cases that the presumption of arbitrability isn't just a doctrine to recite in the manner of saying grace before invalidating an agreement, but is actually meant to be followed, even when it might ultimately thwart a class action. But can a would-be class action plaintiff evade an arbitration provision through scattershot attacks on the arbitration agreement's individual provisions?
That seemed to be the approach in Herrera v. CarMax Auto Superstores, Inc., Case No. CV-14-776-MWF (VBKx) (C.D. Cal., July 2, 2014), but it didn't really work. In Herrera, the three plaintiffs brought...
