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 ...
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 t ...
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. ...
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 r ...
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 … ...
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 “ ...
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 ...