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Tag: Private Attorney General Act

June 19, 2017

Supreme Court tacitly accepts class action lawyers’ ability to evade employment contracts (for now)

California's Private Attorney General Act is a bounty hunter statute that deputizes employees as "representatives" to sue their employers for alleged Labor Code violations. These representative actions bear a close resemblance to a standard class action, with the exception that the plaintiffs have to split their recovery with the state. While emplo ...

April 07, 2017

Ex-Bloomingdale’s employee prefers forum shopping

When the California Supreme Court invalidated yet another arbitration contract in yesterday's McGill v. Citibank decision, I explained that a cert petition would almost certainly follow. PLF has supported many, many cert petitions challenging California's anti-arbitration rules because we believe that competent adults have the freedom to contract t ...

June 22, 2016

Supreme Court should affirm federal efforts to stop class action abuse

Readers of this blog are likely no stranger to class action lawsuit abuse.  Egregious examples abound. Congress responded to that abuse in 2005 by enacting the Class Action Fairness Act, or CAFA.  That law allows parties to remove class action lawsuits to federal courts—which Congress thought would better police the class action process.  ...

February 02, 2016

The growing PAGA exception to freedom of contract

A couple years ago, in Iskanian v. CLS Transportation Los Angeles, the California Supreme Court held that employees who act as "representatives" to assert claims under the Private Attorney General Act (PAGA) are acting as "deputies" on behalf of the state and therefore cannot exercise their freedom to contract for arbitral resolution of employment ...

November 20, 2015

President's weekly report — November 20, 2015

Mobile home park shakedown scheme challenged PLF attorneys filed this complaint this week in Jisser v. City of Palo Alto on behalf of a couple that would like to retire from the business of running a mobile home park but cannot do so unless they pay $8 million to buy our the current residents.  The ...

November 20, 2015

Et tu, Ninth Circuit?

The California Supreme Court is widely known for its hostility to arbitration contracts, despite the supposedly controlling Federal Arbitration Act that requires such contracts to be enforced as any other contract would be.  Last year, in Iskanian v. CLS Transportation Los Angeles, the California Supreme Court held that employees who act as "repre ...

October 24, 2014

California versus the Supremacy Clause

In Iskanian v. CLS Transportation Los Angeles, LLC, the California Supreme Court once again displayed its ongoing hostility to arbitration contracts.  As we noted when the decision came down in June, the court bowed to the inevitable in acknowledging the Supreme Court's abrogation of an earlier ruling that invalidated class action waivers in emplo ...

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