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U.S. Supreme Court,
Labor/Employment

Mar. 8, 2024

PAGA returns to the US Supreme Court

The U.S. Supreme Court may either defend or revisit Viking River’s dismissal rule and decide whether California courts must honor arbitration contracts governed by the FAA in PAGA cases.

Felix Shafir

Partner, Horvitz & Levy LLP

Appellate Law

Email: fshafir@horvitzlevy.com

Felix's practice focuses on the defense of class and representative actions.

Peder K. Batalden

Partner, Horvitz & Levy LLP

Appellate Law

Email: pbatalden@horvitzlevy.com

Peder handles 9th Circuit appeals in a wide variety of cases.

PAGA returns to the US Supreme Court
Shutterstock

For decades, California's Legislature and courts have devised rules that frustrate the enforcement of arbitration agreements between workers and hirers. Time and again, the U.S. Supreme Court has applied the Federal Arbitration Act (FAA) to rebuff these serial efforts to interfere with arbitration contracts.

Undeterred, California courts continue to resist the U.S. Supreme Court's federal arbitration precedent. Their most recent efforts in...

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