U.S. Supreme Court,
Labor/Employment,
Civil Litigation,
California Supreme Court
Dec. 21, 2021
In employment arbitration, it’s déjà vu all over again!
Once again, the U.S. Supreme Court returns to its 30-plus year game of Whac-A-Mole with the California judiciary. Last week, the high court agreed to review the enforceability of arbitration agreements that waive PAGA claims.
Steven B. Katz
Partner
Constangy, Brooks, Smith & Prophete LLP
1800 Century Park E Fl 6
Los Angeles , CA 90067
Phone: (310) 597-4553
Email: skatz@constangy.com
USC Law School
Steven B. Katz is a partner and co-chair of the Appellate Practice Group at Constangy, Brooks, Smith & Prophete, LLP. He represents employers in class, collective and representative actions, and appeals.
Once again, the U.S. Supreme Court returns to its 30-plus year game of Whac-A-Mole with the California judiciary. Ever since Perry v. Thomas, 482 U.S. 483, 492 (1987), the court has regularly struck down California's latest effort to limit arbitration, only to see another one -- carefully crafted around the court's last ruling -- pop up in its place. This time, it is the ban on enforcing agreements to arbitrate claims under California's Pri...
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