Discover Bank v. Superior Court

Opinion

ROTHSCHILD, J.

This case is before us on remand from the California Supreme Court. We are to decide whether a contractual choice-of-law provision should be respected in determining the enforceability of a class action waiver in the contract between plaintiff Christopher Boehr and defendant Discover Bank where plaintiff alleges no violations of California substantive law and sues on behalf of a putative nationwide class. We conclude that the parties’ choice of Delaware law should be respected, and that under Delaware law the class action waiver is enforceable. We therefore grant Discover…