McGill Rule
California's rule that a contractual waiver of the right to seek public injunctive relief in any forum is unenforceable.
Because public injunctive relief protects the general public rather than the individual claimant, California treats a clause purporting to waive it entirely as contrary to public policy — and, the state's courts have held, not preempted by the FAA. Clauses drafted for national use routinely carve out public injunctive relief for this reason.
See also
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