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Category Archive for: ‘Arbitration’

The United States Supreme Court Ruling in Viking River Cruises, Inc. v. Moriana impacts California PAGA litigation

The United States Supreme Court Ruling in Viking River Cruises, Inc. v. Moriana impacts California PAGA litigation Introduction to PAGA The Labor Code Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations.  PAGA afforded employees in California the right to file …

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United States Supreme Court Rejects Prejudice Requirement for Employees Asserting that their Employer has Waived its Arbitration Right When it Litigates before Moving to Compel Arbitration

United States Supreme Court Rejects Prejudice Requirement for Employees Asserting that their Employer has Waived its Arbitration Right When it Litigates before Moving to Compel Arbitration In a unanimous decision issued on May 23, 2022, the Supreme Court in Morgan v. Sundance (596 US _ (2022)) held that courts may not make up new procedural rules based on the Federal …

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Nguyen v. Applied Medical – Arbitrator Decides Whether Class Claims Proceed

The Fourth Appellate District, Division Three, recently held in Nguyen v. Applied Medical, that the question of whether an arbitration clause in an employment agreement contemplates class claims is a question for the arbitrator to decide, not the Superior Court. The Class Action Complaint On September 30, 2014, Da Loc Nguyen filed a putative class action complaint against Applied Medical …

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Quintilone & Associates focuses in Class Actions, Employment Law, Personal Injury, and Business Litigation in Orange County, CA area.