The Georgia Court of Appeals has updated its rules on forms of briefs. Practitioners who rely on "shell" forms to start their briefs need to take a careful look at the Court's new Rules 25-27. The Court posted a helpful explanation on its website to explain the differences between the old and new Rules for briefing. Unlike the Eleventh Circuit, the Georgia Court of Appeals still does not require a Table of Contents or a Table of [...]
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 General Act of 2004 ("PAGA") could not be divided into individual and representative claims through [...]
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 clause” specifying that if the class action waiver was found invalid, any class, collective, representative, [...]