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Labor/Employment,
California Courts of Appeal

Jan. 2, 2025

Court halts 'headless' PAGA lawsuits, mandates arbitration for single claim

A 2nd District Court of Appeal panel ruled Christina Leeper's PAGA lawsuit must go to arbitration, ending the 'headless' case strategy. This decision conflicts with prior rulings, causing uncertainty in PAGA litigation.

Plaintiffs' attorneys have been trying, with some success, to avoid arbitration in Private Attorneys General Act cases by filing what are known as "headless" lawsuits in which no individual claim is sought.

But a 2nd District Court of Appeal panel has put a halt to the practice, at least for now, ruling Monday that Christina Leeper's PAGA lawsuit against a Target Corp. subsidiary included an individual claim -- even though she said it didn't -- and ordering ...

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