News & Publications

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macy's West Stores, after the employer appealed the district court's decision ordering arbitration of both an employee's individual and non-individual claims under the California Private Attorney Generals Act (PAGA). The Ninth Circuit held that even though the arbitration agreement made no mention of PAGA, an employee's individual PAGA claim was still subject to arbitration because the parties' intended to arbitrate all employment disputes between them. [...]

On May 16, 2024, the Supreme Court of the United States held that when a federal district court determines that claims in a lawsuit are subject to arbitration and a party requests a stay, the Federal Arbitration Act (FAA) requires the court to issue a stay pending arbitration and the court lacks the discretion to dismiss the lawsuit. Quick Hits The Supreme Court held that Section 3 of the FAA requires federal courts to grant [...]

Wilentz attorneys Lynne M. Kizis, co-chair of the Mass Tort/Class Action team, and Joseph Carlo co-authored the article featured in the New Jersey Law Journal's Product Liability & Class Action annual supplement. They review the New Jersey case law on the enforceability of browsewrap and clickwrap agreements in light of the recent Santana v. SmileDirectClub decision. Online retailers have increasingly favored these online agreements, which can remove many future plaintiffs from litigation due to their standard arbitration [...]