News & Analysis as of

Arbitration Agreements Federal Arbitration Act CA Supreme Court

Seyfarth Shaw LLP

Standard Contract Waiver Analysis Applies to Arbitration Agreements

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Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Says Severing Unconscionable Terms From Arbitration Agreements Is a Question of Fairness

On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined...more

Payne & Fears

Employers, Don’t Waive Your Right to Compel Arbitration — The California Supreme Court Just Made It Easier to Do

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The Risk of Litigating Before Moving to Arbitrate - Many employers in California ask or require their employees to execute arbitration agreements. When a claim arises, the employer has a choice—proceed with litigation...more

Fox Rothschild LLP

The California Supreme Court Declares Its Stance on the Effect of Arbitration Agreements on PAGA Standing

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On July 17, 2023, the California Supreme Court delivered its highly anticipated response to the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), clarifying the effect of...more

MoFo Employment Law Commentary (ELC)

The California Supreme Court Clarifies PAGA Standing

On July 17, the California Supreme Court issued its opinion in Adolph v. Uber Technologies, Inc. (S274671, Cal. Jul. 2023), holding that an employee who has been compelled to arbitrate claims under the Labor Code Private...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Clarifies PAGA Standing When “Individual PAGA Claims” Have Been Compelled to Arbitration

On July 17, 2023, the California Supreme Court decided an important state law issue raised by the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022). Viking River Cruises...more

Husch Blackwell LLP

California Supreme Court Keeps Representative PAGA Claims Afloat in State Court

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In June 2022, the United States Supreme Court held in Viking River Cruises v. Moriana—contrary to California precedent—that the Federal Arbitration Act (FAA) allows PAGA claims to be split into individual and non-individual...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Rejects Part of Viking River: Is It Time to Update Your Arbitration Agreement (Again)?

In June 2022, the Supreme Court of the United States ruled in Viking River Cruises, Inc. v. Moriana that (1) the Federal Arbitration Act (FAA) requires the enforcement of an arbitration agreement that waives an employee’s...more

Orrick, Herrington & Sutcliffe LLP

Adolph v. Uber: Sending Individual PAGA Claims to Arbitration Does Not Affect Plaintiffs’ Standing to Pursue a Representative PAGA...

The California Supreme Court issued its long-awaited ruling in Adolph v. Uber Technologies, Inc. on July 17, 2023, holding that an employee can pursue a non-individual representative action under the Private Attorneys General...more

Perkins Coie

California Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims

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California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more

Ballard Spahr LLP

CA Supreme Court Permits PAGA Claims in Court Despite Arbitration Agreement

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Summary - The California Supreme Court held in Adolph v. Uber Technologies, Inc. that a plaintiff compelled to arbitrate an individual California Labor Code Private Attorneys General Act (PAGA) claim still maintains...more

Stokes Wagner

California Supreme Court Averts SCOTUS Viking River Decision, Allowing Litigation of PAGA Claims Despite Arbitration Agreement

Stokes Wagner on

Last year, the U.S. Supreme Court issued an employer-friendly decision in Viking River Cruises v. Moriana. There, it held that the Federal Arbitration Act (FAA) preempts the California Private Attorneys General Act (PAGA)...more

Wilson Sonsini Goodrich & Rosati

California Supreme Court Rules Employees Can Pursue PAGA Claims on Behalf of Other Aggrieved Employees in Court Despite...

On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more

Littler

California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in...

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The California Supreme Court in Adolph v. Uber Technologies, Inc. affirmed the key holding in the U.S. Supreme Court’s landmark decision in Viking River Cruises v. Moriana last year—the FAA requires PAGA plaintiffs to...more

BakerHostetler

PAGA Standing Allows a Plaintiff to Have One Foot in a Compelled Individual Arbitration and One Foot in a Representative Court...

BakerHostetler on

On July 17, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. (Cal. Sup. Ct. Case No. S274671), in which it addressed whether a plaintiff who is compelled to arbitrate their individual...more

Weintraub Tobin

CA Supreme Court Holds Compelling Arbitration of Individual PAGA Claim Does Not Strip Standing to Litigate Representative Claims

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Yesterday, the California Supreme Court, in Adolph v. Uber Technologies, Inc., addressed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S.Ct. 1906 (2022). The much-anticipated Adolph...more

Stradling Yocca Carlson & Rauth

It Was Nice While It Lasted: California Supreme Court Has the Last Word on PAGA Standing

In June of last year, the United States Supreme Court held in Viking River Cruises, Inc. v. Moriana that a plaintiff in an action under the Private Attorney General Act (“PAGA”) loses standing to pursue claims on behalf of...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Hears Employment Case That May Limit Viking River SCOTUS Opinion

This week, California’s Supreme Court heard oral argument in Adolph v. Uber Technologies Inc., No. S274671, a case in which the Court is poised to decide whether it will, in effect, overrule part of a recent U.S. Supreme...more

Proskauer - California Employment Law

Employees Lose on PAGA Claims in Court Following Loss in Arbitration

Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration...more

Butler Snow LLP

The Supreme Court Again Affirms Party Autonomy, in Arbitration Agreements, Holds FAA Preempts State Law Rules Preventing Division...

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In Viking River Cruises, Inc. v. Moriana, 213 L. Ed. 2d 179, 142 S. Ct. 1906 (2022), reh’g denied, No. 20-1573, 2022 WL 3580311 (U.S. Aug. 22, 2022), the Supreme Court held that the Federal Arbitration Act, 9 U.S.C. § 1 et...more

Jackson Lewis P.C.

California Supreme Court Accepts Invitation to Weigh In on Employment Arbitration Agreements & PAGA

Jackson Lewis P.C. on

On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private...more

Jackson Lewis P.C.

U.S. Supreme Court Urged to Revisit Its Decision on Arbitration of California PAGA Claims

Jackson Lewis P.C. on

Saying the U.S. Supreme Court ruling in Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022), that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of...more

K&L Gates LLP

The Supreme Court Rules the FAA Preempts Iskanian's Prohibition Against Arbitration of Individual Private Attorney General Act...

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On 15 June, 2022, the Supreme Court of the United States (SCOTUS) delivered the 8-1 opinion in the matter Viking River Cruises, Inc. v. Moriana, which held that the California Supreme Court decision of Iskanian v. CLS...more

Akin Gump Strauss Hauer & Feld LLP

After Viking River Cruises, the Legislature May Attempt to Preserve the Private Attorney General Model

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

Akin Gump Strauss Hauer & Feld LLP

After Viking River Cruises, Plaintiffs Will Continue to Resist Arbitration in Pending Cases

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual...more

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