News & Analysis as of

Due Process Private Attorneys General Act (PAGA)

McDermott Will & Emery

Estrada Is Not a Death Knell to PAGA Defenses

McDermott Will & Emery on

On January 18, 2024, in a highly anticipated and unanimous decision, the Supreme Court of California barred striking a claim under the Private Attorneys General Act (PAGA) on trial manageability grounds alone, instead...more

Carlton Fields

California Courts Lack Authority to Strike PAGA Claims on Manageability Grounds, but Due Process Could Be a Ticket Out

Carlton Fields on

California employers lost the chance last week to have trial courts act as gatekeepers for the onslaught of Private Attorneys General Act (PAGA) representative suits alleging wage and hour violations. Previously, some trial...more

Stradling Yocca Carlson & Rauth

The Magic Carpet Ride Comes to an End: PAGA Claims Can No Longer Be Stricken on Manageability Grounds

On January 18th, the California Supreme Court in Estrada v. Royalty Carpet Mills, Inc. ruled that defendants sued under the Private Attorney General Act (PAGA) may no longer strike unmanageable claims.  PAGA claims are...more

Proskauer - California Employment Law

Is the California Supreme Court About to Throw Employers a Bone on PAGA Manageability?

On November 8, 2023, the California Supreme Court heard oral argument in Estrada v. Royalty Carpet Mills, Inc., a case that could have profound implications for the future of Private Attorneys General Act (PAGA) litigation. ...more

Buchalter

Court Of Appeal Provides A New Weapon For Employers Regarding PAGA Claims—Manageability

Buchalter on

The California Court of Appeal issued a landmark decision on September 9, 2021, upholding a trial court’s striking (dismissing) of a PAGA lawsuit because Plaintiff could not establish that trial of the matter would be...more

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

California Court of Appeal Confirms Trial Courts’ Inherent Power to Strike or Limit Unmanageable PAGA Lawsuits

On September 9, 2021, a California Court of Appeal issued its ruling in Wesson v. Staples the Office Superstore, LLC, delivering a welcome victory to employers battling representative actions under the Private Attorneys...more

Akin Gump Strauss Hauer & Feld LLP

California Court of Appeal Approves Limiting or Striking Unmanageable PAGA Claims

In Wesson v. Staples The Office Superstore, LLC, the California Court of Appeal held that “courts have inherent authority to ensure that PAGA claims can be fairly and efficiently tried and, if necessary, may strike claims...more

Seyfarth Shaw LLP

Man Bites Dog: This PAGA Lawsuit Is Different

Seyfarth Shaw LLP on

Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless...more

Jackson Lewis P.C.

Lawsuit Filed Against California’s Attorney General Alleging The Private Attorney General Act (“PAGA”) Is Unconstitutional

Jackson Lewis P.C. on

On November 28, 2018, the California Business & Industrial Alliance (an association that represents the interests of small and mid-sized businesses in California and which was formed for the specific purpose of accomplishing...more

Orrick - Employment Law and Litigation

Down The Arbitration Rabbit Hole: Ninth Circuit Refuses To Enforce Employee’s Waiver Of PAGA Claims

On September 28, 2015, the Ninth Circuit held in Shukri Sakkab v. Luxottica Retail North America, Inc. that the FAA does not preempt the rule that the California Supreme Court enunciated in Iskanian v. CLS Transportation that...more

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