Recently, the U.S. Court of Appeals for the Ninth Circuit reversed itself and affirmed a district court’s grant of a preliminary injunction finding that the Federal Arbitration Act (FAA) preempted California Assembly Bill 51 (AB51). On October 10, 2019, Governor Newsom signed AB51 into law. The law purported to preclude mandatory arbitration agreements affecting rights […]
In a repudiation of the California Supreme Court’s holding in Iskanian v. CLS Transp. Los Angeles (2014) 59 Cal.4th 348, the United States Supreme Court ruled in Viking River Cruises, Inc. v. Moriana (2022) __ U.S. __ that individual claims brought under California’s Private Attorney General Act (“PAGA”, Cal. Lab. C. § 2699, et seq.) […]
On April 8, 2020, California’s Second District Court of Appeal held that an employee who brings a lawsuit for civil penalties only under the Private Attorneys General Act of 2004 (PAGA), but does not request individual damages to recover his or her own wages, cannot be compelled to arbitrate the PAGA claim, even if the employee […]
On Monday, June 23, 2014, the California Supreme Court issued its decision in the closely watched case of Iskanian v. CLS Transportation Logistics Inc. In a 4-3 opinion, the Court finally agreed that the Federal Arbitration Act (“FAA”) permits employers to require that employees agree to resolve most employment disputes through arbitration, rather than by […]
A federal district court denied a motion to compel arbitration for claims for injunctive relief under California’s unfair competition law, Consumer Legal Remedies Act, and false advertising law but granted the motion as to the other legal claims. In its finding, the district court relied on what is known as California’s Broughton-Cruz rule, which exempts […]
On July 1, 2013, the Governor signed Assembly Bill (“AB”) 86, an education omnibus trailer bill which took effect immediately. AB 86 repeals the “Hughes Bill” mandate imposed on Local Educational Agencies (“LEAs”) to provide specific behavioral assessments and interventions for special education students exhibiting serious behavioral problems, beyond those required under the Individuals with […]
A California court of appeal recently upheld the constitutionality of legislation that levies a property tax on fractionally owned aircraft to be assessed in the county(ies) where the aircraft land. However, the court of appeal concluded the retroactive application of the new tax is unconstitutional. (NetJets Aviation, Inc. v. Guillory (— Cal.Rptr.3d —-, Cal.App. 4 […]
Issue In Ishikawa v. Delta Airlines and LabOne, Inc., (2003 WL 22128938) the U.S. Court of Appeals (9th Circuit) addressed the issues of 1) whether an employee’s negligence claim against a laboratory that performed a drug test on her urine sample is preempted by federal law, and 2) whether the lab was relieved of its […]
In Circuit City Stores, Inc. v. Adams, 2001 WL 273205, the United States Supreme Court reversed the Ninth Circuit Court of Appeals’ decision interpreting section 1 of the Federal Arbitration Act (FAA) (9 U.S.C. § 1). The FAA compels judicial enforcement of a wide range of written arbitration agreements. (9 U.S.C. § 2). However, section […]
The Ninth Circuit Court of Appeals recently held in Tocher v. City of Santa Ana, ___ F.3d ___, 2000 U.S. App. LEXIS 16128 (9th Cir. 2000), that certain municipal and state regulations regarding the towing business are preempted by the Federal Aviation Administration Authorization Act of 1995 (FAAA), 49 U.S.C. section 14501. The City of […]