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The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review. Generally, an appellate court’s judgment provides the final directive of the appeals courts as to the matter appealed, setting out with specificity the court’s determination that the action appealed from should be affirmed, reversed, remanded or modified.
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Dana Livingston - Austin - TXDana Livingston co-chairs the firm’s appellate practice group. Clients look to her to handle business-critical and high-stakes appeals. During her 30-year career, she has accumulated a wealth of experience in significant appeals before the Fifth Circuit and the Texas Supreme Court. And she often works with trial counsel on strategy, [...]
The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All
On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme Court’s central holding in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), that actions brought under the California Labor Code Private Attorneys [...]
SCOTUS Bids FAArewell To Prohibition Of Representative PAGA Waivers Contained In Arbitration Agreements
Facts Angie Moriana was hired by Viking River as a sales representative. She executed an agreement to arbitrate any dispute arising out of her employment. The agreement contained a “Class Action Waiver” providing that in any arbitral proceeding, the parties could not bring any dispute as a class, collective, or representative PAGA action. The arbitration agreement also contained a “severability [...]