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9th U.S. Circuit Court of Appeals

Oct. 5, 2023

9th Circuit considers if arbitration clause bars PAGA participation

Judges on the 9th Circuit panel did not appear eager Wednesday to embrace the argument that Adolph v. Uber Technologies Inc. is preempted by the Federal Arbitration Act.

A California Supreme Court ruling that allowed workers whose claims are referred to arbitration to pursue them in court on behalf of their colleagues violates the Federal Arbitration Act, an attorney told a 9th U.S. Circuit Court of Appeals panel Wednesday.

Judges on the panel seemed skeptical of Gibson, Dunn & Crutcher LLP partner Jason C. Schwartz’s argument on behalf of Lowe’s Home Centers LLC. Schwartz told the court that a federal ...

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