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California › CA Supreme Court › Federal Arbitration Act

Fox Rothschild LLP

A Simple Payment Error is not a Waiver of the Right to Arbitrate

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I have some good news for California employers seeking to enforce arbitration agreements. The California Supreme Court just held that non-payment of arbitration fees does not automatically waive the right to arbitrate....more

Jackson Lewis P.C.

California Supreme Court Allows More Flexibility on Arbitration Fee Payment Rules

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The California Supreme Court’s recent decision in Hohenshelt v. Superior Court addressed whether California’s Code of Civil Procedure section 1281.98, which requires the party that drafted the arbitration agreement to pay...more

DLA Piper

California Supreme Court Upholds California Law Imposing Mass Arbitration Fee Payment Deadline

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The California Supreme Court recently issued a significant decision in Hohenshelt v. Superior Court, holding that the Federal Arbitration Act (FAA) does not preempt California laws requiring businesses to pay consumer or...more

Husch Blackwell LLP

California Supreme Court Tackles Federal Preemption Issues in Employment and Consumer Arbitrations

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On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more

CDF Labor Law LLP

CA Supreme Court Offers Relief to Employers For Unintentional Arbitration Fee Delays

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Background: The Thirty-Day Arbitration Fee Rule - In 2019, the California legislature amended the California Arbitration Act (CAA) to require the party who drafts an arbitration agreement to pay all required arbitration...more

Blank Rome LLP

From Rigid to Reasonable: Supreme Court Clarifies Arbitration Fee Payment Rules in California

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The California Supreme Court’s decision in Hohenshelt v. Superior Court marks an important moment for arbitration in California, particularly in the context of consumer disputes, employment disputes, and mass arbitrations....more

McGuireWoods LLP

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

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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

Paul Hastings LLP

California Supreme Court Issues Decision Addressing Whether the FAA Preempts California's Rule Governing Late Payment of...

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The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more

Buchalter

Late Fees, High Stakes: California Narrows Arbitration Fee Forfeiture Rule

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In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more

Blank Rome LLP

California Supreme Court Hears Oral Argument on 30-Day Arbitration Fee Rule: Key Takeaways from Hohenshelt

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In our previous article, “Pay Up or Lawsuit Up: The 30-Day Countdown That’s Fueling Arbitration Disputes,” we explored the legal and practical challenges posed by California’s 30-day arbitration fee payment rule, codified in...more

Blank Rome LLP

Pay Up or Lawsuit Up: The 30-Day Countdown That’s Fueling Arbitration Disputes

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Online businesses are increasingly facing a wave of arbitration demands under the California Invasion of Privacy Act (“CIPA”) and similar laws. Enterprising law firms have been at the forefront of this trend, filing claims on...more

Troutman Pepper Locke

Will the California Supreme Court Finally Curtail the State’s Historic Hostility to Arbitration?

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California is famously inhospitable to arbitration. In fact, the U.S. Supreme Court struck down California laws disfavoring arbitration on no fewer than six occasions between 1987 and 2022....more

Miller Starr Regalia

The Evolving Law of Waiver Under the California Arbitration Act: Predictions for a Post-Quach World

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Nearly a century ago, and recognizing the courts’ historic hostility toward arbitration agreements, Congress, followed shortly by the California Legislature, adopted laws intended to “favor” arbitration. In recent decades,...more

Seyfarth Shaw LLP

Standard Contract Waiver Analysis Applies to Arbitration Agreements

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Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts...more

Jenner & Block

California Supreme Court Breaks from Federal Precedent on PAGA

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The California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in Adolph v. Uber Technologies, Inc. in July, departing from the United States Supreme Court’s 2022 ruling in Viking River...more

Ballard Spahr LLP

Viking River Cruises revisited

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We previously blogged about Viking River Cruises, Inc. v. Moriana, in which the U.S. Supreme Court held that individual employee claims under California’s Labor Code Private Attorneys General Act (PAGA) are subject to...more

Snell & Wilmer

California Supreme Court’s Adolph v. Uber Technologies, Inc. Decision Reopens the Door for Representative PAGA Claims in Court

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California employers’ short-lived victory in the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana last June was substantially undone on Monday by the California Supreme Court’s decision in Adolph v. Uber...more

Seyfarth Shaw LLP

PAGA Plaintiffs Can Still Pursue Representative Claims Despite Individual Arbitration

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Seyfarth Synopsis: The California Supreme Court has held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court. Adolph v. Uber Technologies,...more

Seyfarth Shaw LLP

California Takes the Match With Adolph Ruling

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Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies,...more

Fox Rothschild LLP

Representative PAGA Claims Survive Arbitration Agreements—California Rejects U.S. Supreme Court’s Viking River Holding

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The California Court of Appeal dealt another blow to California employers—employees who’s individual PAGA claims are compelled to arbitration now maintain standing to bring their representative PAGA claims in court....more

Proskauer - California Employment Law

Employees Lose on PAGA Claims in Court Following Loss in Arbitration

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Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration...more

Butler Snow LLP

The Supreme Court Again Affirms Party Autonomy, in Arbitration Agreements, Holds FAA Preempts State Law Rules Preventing Division...

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In Viking River Cruises, Inc. v. Moriana, 213 L. Ed. 2d 179, 142 S. Ct. 1906 (2022), reh’g denied, No. 20-1573, 2022 WL 3580311 (U.S. Aug. 22, 2022), the Supreme Court held that the Federal Arbitration Act, 9 U.S.C. § 1 et...more

McDermott Will & Schulte

US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated

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California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal...more

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