News & Analysis as of

Uber Arbitration Arbitration Agreements

Carlton Fields

New York Court of Appeals Upholds Web-Based “Clickwrap” Agreement to Affirm Order Compelling Arbitration, Including Threshold...

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In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a...more

Morrison & Foerster LLP - Social Media

Social Links: If the Suit Fits

Character Technologies has been hit with two lawsuits, including a wrongful death suit (among other claims), in less than two months over its popular Character.ai chatbot. The first was filed in the U.S. District Court for...more

Harris Beach Murtha PLLC

Uber’s Process for Obtaining Consent to Arbitration Upheld in NY Court

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Addressing for the first time the validity of an arbitration agreement entered via an e-commerce application, the New York Court of Appeals recently held in Wu v Uber Technologies, Inc. that the email notification and...more

Carlton Fields

Federal Court Rejects Argument That Subsequent Opt-Out of Arbitration Clause Precluded Arbitration

Carlton Fields on

The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more

Carlton Fields

Nevada Supreme Court Reverses Order Denying Motion to Compel Arbitration

Carlton Fields on

The Nevada Supreme Court recently reversed the denial of a motion to compel arbitration, explaining that the plaintiff’s arguments that the contract at issue was illegal were not a valid basis to deny arbitration because...more

CDF Labor Law LLP

[Webinar] When to Arbitrate PAGA Claims: Insights from Adolph v. Uber - September 26th, 10:00 am - 11:15 am PT

CDF Labor Law LLP on

Join us on September 26 for a comprehensive webinar hosted by CDF as we delve into the crucial subject of arbitrating PAGA claims, exploring its implications following the California Supreme Court's landmark decision in...more

Kilpatrick

California Supreme Court holds plaintiffs required to arbitrate individual Private Attorneys General Act (“PAGA”) claims maintain...

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The California Supreme Court recently rejected the U.S. Supreme Court’s interpretation of standing under the Private Attorneys General Act (PAGA). In Adolph v. Uber Technologies, Inc., 532 P.3d 682 (Cal. 2023), the Court...more

Venable LLP

Adolph v. Uber Technologies: The California Supreme Court Gives Employers an Unexpected Road Map for Defending against PAGA Claims

Venable LLP on

On July 17, the California Supreme Court issued its long-awaited decision in Adolph v. Uber Technologies, Inc., finally clarifying the question of what constitutes standing under California's Private Attorneys General Act...more

Ervin Cohen & Jessup LLP

California Supreme Court Rules that PAGA Claims May Be Pursued in Court Despite Arbitration Agreement

Following the United States Supreme Court’s landmark ruling in Moriana v. Viking River Cruises, California courts were tasked with the open question of whether an “aggrieved” employee whose individual Private Attorneys...more

Kelley Drye & Warren LLP

CA Supreme Court Holds Employees Can Pursue PAGA Representative Claims Despite Arbitration Agreement

Last year, we discussed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana (“Viking River”), 596 U.S. [142 S.Ct. 1906] (2022), holding that an arbitration agreement between a...more

Shook, Hardy & Bacon L.L.P.

California Rejects Viking River, Allows PAGA Claims to Proceed | National Employment Perspective: Focus on California PAGA

Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more

Shook, Hardy & Bacon L.L.P.

California Rejects Viking River, Allows PAGA Claims to Proceed

Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...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

K&L Gates LLP

Stand and Deliver: PAGA Plaintiffs May Still Litigate Representative Claims Not Compelled Into Arbitration

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Highlights of Adolph v. Uber Tech., Inc. PAGA representatives retain standing to prosecute non-individual PAGA claims in court, even when their individual PAGA claims are compelled into arbitration....more

Meyers Nave

PAGA Standing and Arbitration: What California Employers Need to Know Now That the California Supreme Court Has Spoken

Meyers Nave on

On July 17, 2023, the California Supreme Court issued its decision in Adolph v. Uber Technologies, Inc. With this decision California employers need to understand that plaintiffs do not lose standing when individual...more

Ballard Spahr LLP

CA Supreme Court Permits PAGA Claims in Court Despite Arbitration Agreement

Ballard Spahr LLP on

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

Morgan Lewis

Employee Required to Arbitrate Individual PAGA Claim Maintains Standing to Pursue Representative PAGA Court Claims

Morgan Lewis on

In Adolph v. Uber Technologies Inc., the California Supreme Court held that it is not bound by the US Supreme Court’s interpretation of state law in Viking River Cruises v. Moriana, ruling that an order compelling arbitration...more

Kilpatrick

California High Court Rules on Non-Individual PAGA Standing

Kilpatrick on

On July 17, 2023, the California Supreme Court issued its long-anticipated decision in Adolph v. Uber Technologies, Inc. and held that an employee who has been compelled to arbitrate “individual” claims under the California...more

Littler

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

Littler on

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

Faegre Drinker Biddle & Reath LLP

California Supreme Court: PAGA Plaintiffs Can Pursue Representative State Court Claims Even if Their Individual PAGA Claims Are...

On July 17, 2023, the California Supreme Court unanimously held in Adolph v. Uber Technologies, Inc. that even if a plaintiff who brings a claim under California’s Private Attorneys General Act (PAGA) has their individual...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

Vedder Price

The California Supreme Court Sets Viking River Cruise Decision Adrift

Vedder Price on

As we predicted (here), employees can be compelled to individually arbitrate their Labor Code claims under the Private Attorneys General Act of 2004 (“PAGA”), but an arbitration agreement that prohibits employees from...more

McGuireWoods LLP

Uber’s Challenge to Non-Individual PAGA Standing Crashes at the California Supreme Court

McGuireWoods LLP on

In a significant blow to employment-related arbitration agreements, the California Supreme Court ruled in Adolph v. Uber Technologies, Inc. that an employee has standing to bring non-individual, representative California...more

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