Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

Cert. Denied

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Questions Presented

1. Whether a California rule that prohibits the enforcement of arbitration agreements with respect to representative employment claims under California’s Private Attorneys General Act (“PAGA”), and that is applied to no other type of agreement, is preempted by the FAA because the rule discriminates against arbitration agreements.

2. Whether a California rule that prohibits the enforcement of arbitration agreements with respect to representative employment claims under PAGA is preempted by the FAA because the rule eviscerates bilateral arbitration agreements and thereby thwarts the objectives of the FAA.

Case Updates

Cert. petition denied

June 25, 2018

U.S. Chamber urges U.S. Supreme Court to review California’s “Iskanian Rule,” which creates an end-run around arbitration agreements for PAGA claims

April 26, 2018

Click here to view the amicus brief filed jointly by the U.S. Chamber, California Chamber of Commerce, National Retail Federation, Retail Litigation Center, California Retailers Association, and National Association of Manufacturers.

Andrew J. Pincus, Archis A. Parasharami, and Daniel E. Jones of Mayer Brown LLP served as co-counsel for the amici.

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