Viking River Cruises, Inc. v. Moriana, 20-1573 (2022)#
- Oyez (unread)
Core Issue (pull quote)
whether the Federal Arbitration Act, 9 U. S. C. §1 et seq., preempts a rule of California law that invalidates contractual waivers of the right to assert representative claims under California’s Labor Code Private Attorneys General Act of 2004, Cal. Lab. Code §2698 et seq he FAA preempts the rule of Iskanian insofar as it precludes division of PAGA actions into individual and non-individual claims through an agreement to arbitrate. Pp. 7–21. Decision: https://www.supremecourt.gov/opinions/21pdf/20-1573_8p6h.pdf
The court also predicted what the california courts would rule in a similar case (alolf) SCOTUS predicting Adolph
The Court found that the California joinder rule under PAGA preventing the division of PAGA actions into an individual and nonindividual/representative claim was preempted by the FAA. 1
Michael Z. Green. (2024). Expanding the Ban on Forced Arbitration to Race Claims (SSRN Scholarly Paper No. 4749423). https://papers.ssrn.com/abstract=4749423 (pp 486). ↩︎