The Supreme Court - December 15, 2021

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Viking River Cruises v. Angie Moriana, No. 20-1573: This case, involving the Federal Arbitration Act (“FAA”) and the California Private Attorneys General Act (“PAGA”), presents the following question: Whether the FAA requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA.

Bradley LeDure v. Union Pacific Railroad Company, No. 20-807: This case, involving the Locomotive Inspection Act (“LIA”), presents the following question: Whether a locomotive is in use on a railroad’s line and subject to the LIA and its safety regulations when its train makes a temporary stop in a railyard as part of  its unitary journey in interstate commerce, or whether such use does not resume until the locomotive has left the yard as part of a fully assembled train, as held by the Seventh Circuit.

Le Roy Torres v. Texas Department of Public Safety, No. 20-603: This case, involving the Uniformed Services Employment and Reemployment Rights Act of 1994, presents the following question: Whether Congress has the power to authorize suits against nonconsenting states pursuant to its War Powers.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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