I Told You So. In my January 7, 2022 post about Viking Cruises, Inc. v. Moriana, I predicted that the employee Angie Moriana would lose her argument that her Private Attorney General Act (PAGA) employment claim against her employer Viking Cruises, could avoid mandatory arbitration. I promised, "If my prediction proves to be […]
The Article Is Entitled "The United States and the California Supreme Courts are not on the same page." My article in the June 10, 2022 online edition of the Daily Journal contrasts the analysis of waiver of the right to arbitrate in the SCOTUS case Morgan v. Sundance (2022) with the analysis in the […]
Foreign Arbitration Panels Are Not A "Foreign Or International Tribunal". A district court can order the production of evidence “for use in a proceeding in a foreign or international tribunal.” 28 U.S.C. § 1782(a). The United States Supreme Court, in a unanimous decision authored by Justice Amy Coney Barrett, holds that a foreign arbitration […]
PAGA Cases Are Not A Good Analogy For A Lawsuit Brought Directly By The City, Rather Than By Workers. If the City of San Diego city attorney sues Instacart for violating the Unfair Competition Law, Business and Professions Act, §§ 17200 et seq., is the City bound by arbitration agreements between Instacart's Shoppers and […]
Read Probate Code §§ 144 – 144. An enforceable marital settlement agreement can lead to a waiver of spousal rights. In Welch v. Welch, B311507 (2/5 5/31/22) (Moor, Rubin, Kim), a husband and wife, anticipating the dissolution of their marriage, entered into a marital settlement agreement (MSA) to distribute their property. The […]
Existence Of Agreement Was Not An Issue To Delegate To Arbitrator. Fiona Trinity sued Life Insurance Company of North America and individuals (LINA parties) for employment-related claims. The LINA Parties moved unsuccessfully to compel arbitration in the trial court, and the Court of Appeal affirmed. The LINA parties could not establish the […]
The California Supreme Court And SCOTUS Disagree About Waiver Of The Right To Arbitrate. In Quach v. Cal. Commerce Club, B310458 (2/1 5/10/22 ) (Bendix, Rothschild; Crandall sitting by designation, conc. and dsst.), Justice Bendix, writing the majority opinion, explained that California Commerce Club had not waived its right to arbitrate, despite the […]
“'Duress by a third person' is the legal label for this contract case." Plaintiff Laura Fettig entered into a settlement agreement, on the record, of her personal injury case. Later, she tried to set aside the settlement agreement, arguing she had only settled under duress caused by her attorney who threatened to abandon her […]
Two Recent California Cases Uphold The Rule In Iskanian. California courts have repeatedly ruled, following Iskanian, that employees cannot be forced to arbitrate PAGA representative claims. Two recent published opinions follow the Iskanian rule. Wing v. Chico Healthcare & Wellness Centre, No. B310232 (2/5 4/28/22) (affirming order denying motion to compel arbitration); Leshane v. […]
The FAA Exempts Interstate-Transportation Workers And Others Like Them From Arbitration. On June 6, 2022, in an 8-0 opinion authored by Justice Clarence Thomas, SCOTUS held that Latrice Saxon, a ramp supervisor for Southwest Airlines, was exempted by the Federal Arbitration Act from having to arbitrate. Southwest Airlines v. Saxon, No. 21-309 (S. Ct. […]