Catching Up From Last Week . . . Viking Cruises v. Moriana, PAGA, And Federal Preemption. We posted on June 19, 2022 about the Viking Cruises case, in which SCOTUS ruled individual PAGA claims can be arbitrated. In a concurrence, Justice Sotomayor wrote, "As a whole, the Court’s opinion makes clear that California […]
The United States Supreme Court Granted Cert On December 15, 2022. The issue: "Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act." Readers of this blog will know that California courts have repeatedly ruled, […]
Panel Denies Motion For Rehearing And Request For En Banc. On September 15, 2021, we posted about Hodges v. Comcast, No. 19-16483 (9th Cir. 9/10/21) (Collins, VanDyke; Berzon, dsst.) In that case, the court held that non-waivable public injunctive relief (i.e., relief that falls under the McGill rule), must be forward looking and benefit the […]
This Case Involves The Ability Of Co-Employers To Compel Arbitration With Workers Where Workers Have An Arbitration Agreement With The Co-Employer They Do Not Sue, And Do Not Have An Arbitration Agreement With The Co-Employer They Do Sue. We blogged about Vasquez v. San Miguel Produce, Inc. on January 4, 2019, at which […]
The Case Is Lamps Plus Inc. v. Varela. Yesterday, I posted about three arbitration cases pending before the Supreme Court, one of which is Lamps Plus Inc. v. Varela. Charlotte Garden, Co-Associate Dean For Research and Faculty Development, and Associate Professor at the Seattle University School of Law, has drilled down with a preview of […]
Federal Arbitration Act Cases Pending Before SCOTUS Present Issues of Interpretation Of FAA, And Who Decides Gateway Issues. Henry Schein, Inc. v. Archer & White Sales Inc., scheduled to be argued in November, presents as an issue whether judge or arbitrator decides the gateway issue of arbitrability. The general rule is that the […]
Does Exemption In Section 1 Of The FAA For Workers Engaged In Interstate Commerce Apply To Independent Contractors? And Who Decides? We posted earlier about this case on February 26, 2018. The issues presented are: (1) Whether a dispute over applicability of the Federal Arbitration Act's Section 1 exemption is an arbitrability issue […]
Henry Schein, Inc. v. Archer & White Sales, and Lamps Plus v. Varela. On August 20, 2018, Amy Howe reported in SCOTUSblog that the Supreme Court will hear oral argument (Nov. 7) on two cases involving interpretation of the FAA. She reports: "Henry Schein, Inc. . . . asks the justices to decide whether the act allows […]
Deficient Power Of Attorney Was Used For Making Decisions Relating To Health Care. Hutcheson v. Eskaton Fountainwood Lodge, C074846 (3rd Dist. 11/28/17) has been ordered filed on rehearing. We posted earlier about this case on June 15, 2017. The case held that a residential facility for care of the elderly could not enforce an […]
An Unenforceable Settlement: Vitatech Held Stipulation To Enter Judgment For $300K After Defendant Defaults On One-Time Payment of $75K Is An Unenforceable Penalty. On October 3, 2017, I posted about Vitatech International, Inc. v. Sporn, G053477, a Fourth District, Division Three opinion. Unpublished at the time, the case was certified for publication on October 30, […]