Appellate Law News and Insights

The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All

Published: Dec 03, 2022
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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),...

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SCOTUS Bids FAArewell To Prohibition Of Representative PAGA Waivers Contained In Arbitration Agreements

Published: Dec 01, 2022
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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...

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Second Circuit Blasts Mass-Produced, “Mad-Libs-Style” ADA Title III Complaints And Affirms Dismissal Of Four Braille Gift Card Lawsuits

Published: Nov 29, 2022
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As we previously reported, from the end of 2019 through the first few months of 2020, a group of serial ADA plaintiffs barraged New York federal courts with over 200 boilerplate lawsuits alleging that retailers and other businesses violated the ADA and New York state and city laws by failing to...

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