Amy Morrissey Turk

Amy Morrissey Turk

McGuireWoods LLP

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Corporate Defendants Take Note: California Supreme Court Rules State Law Requiring Timely Payment of Arbitration Fees Not...

On Aug. 11, 2025, in Hohenshelt v. Superior Court, the California Supreme Court held that the Federal Arbitration Act does not preempt California Code of Civil Procedure Section 1281.98. The statute, intended to deter the...more

8/15/2025  /  Arbitration , Arbitration Agreements , Business Litigation , CA Supreme Court , California , Contract Disputes , Federal Arbitration Act , Litigation Strategies , Preemption , Statutory Interpretation

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

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

7/19/2023  /  Arbitration , Arbitration Agreements , CA Supreme Court , Corporate Counsel , Employment Litigation , Private Attorneys General Act (PAGA) , Standing , Uber , Viking River Cruises Inc v Moriana

Ninth Circuit Holds Federal Arbitration Act Preempts California Law Prohibiting “Forced Arbitration”

On Feb. 15, 2023, the Ninth U.S. Circuit Court of Appeals affirmed a district court’s ruling that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), which made it a criminal offense for an...more

2/22/2023  /  Arbitration , Arbitration Agreements , Employment Contract , Federal Arbitration Act , Mandatory Arbitration Clauses , Preemption , State Labor Laws

U.S. Supreme Court: Individual PAGA Claim Must Cruise Into Arbitration

In a significant ruling for California employers, the U.S. Supreme Court on June 15, 2022, held in Viking River Cruises, Inc. v. Moriana, No. 20-1573, that the Federal Arbitration Act (FAA) partially preempts California state...more

6/22/2022  /  Arbitration , Arbitration Agreements , Federal Arbitration Act , Labor Law Violations , Preemption , Private Attorneys General Act (PAGA) , SCOTUS , Viking River Cruises , Viking River Cruises Inc v Moriana

Signed Into Law: Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The new law invalidates pre-dispute arbitration agreements and class and collective waivers for sexual...more

3/15/2022  /  Arbitration , Employer Liability Issues , Federal Arbitration Act , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment
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