While we are waiting for the CA Supreme Court in Leeper v. Shipt to address whether “headless” PAGA claims (i.e., where PAGA representative plaintiffs disavow the “individual” portion of a PAGA claim) are a permissible end...more
Two recent Private Attorney General Act (PAGA) cases underscore the importance of effectively using procedural motions in defending such cases. 1. Rodriguez v. Packers Sanitation Services LTD., LLC...more
Yesterday, the California Court of Appeal in Leeper v. Shipt, Inc., held that because every PAGA action necessarily includes an “individual PAGA claim” a PAGA plaintiff cannot avoid arbitration by asserting purely...more
In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer...more
8/28/2024
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
False Advertising ,
Grocery Stores ,
Kroger ,
Mobile Apps ,
On-Demand Services ,
Terms of Service ,
Third-Party Beneficiaries ,
Unfair Competition
In a recent decision, the California Supreme Court held that courts cannot refuse to enforce arbitration agreements simply by finding that three or more provisions are unconscionable. Rather, courts must use a three-prong...more
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
9/15/2023
/ Arbitration ,
Arbitration Agreements ,
Best Practices ,
CA Supreme Court ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Continuing Legal Education ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Uber ,
Webinars
As anticipated, earlier this week, the California Supreme Court broke from the U.S. Supreme Court’s Viking River Cruises v. Moriana decision, and further tipped the scales in favor of PAGA plaintiffs in California by holding...more
Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General...more
5/17/2023
/ Arbitration ,
Arbitration Agreements ,
Article III ,
CA Supreme Court ,
California ,
Defense Strategies ,
Employment Contract ,
Employment Litigation ,
Motion to Compel ,
Oral Argument ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Uber ,
Viking River Cruises Inc v Moriana
Setting Sail for PAGA Litigation After Viking River With the recent United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, the landscape of California's Private Attorneys General Act (PAGA) has...more