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Alternative Dispute Resolution,
California Supreme Court

Jul. 21, 2023

PAGA: Did Adolph round the bend on Viking River? Maybe not

The reasoning employed in Adolph, and the potential outcomes it allows, may run afoul of higher federal law, namely the FAA.

Mark D. Kemple

Shareholder
Greenberg Traurig LLP

1840 Century Park E Ste 1900
Los Angeles , CA 90067

Phone: (310) 586-7700

Fax: (310) 586-7800

Email: kemplem@gtlaw.com

USC Law School; Los Angeles CA

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The California Supreme Court has issued its highly anticipated decision on whether an order requiring arbitration under the Federal Arbitration Act (FAA) of the named plaintiff’s individual Private Attorney General Act (PAGA) claim eliminates that plaintiff’s standing to pursue in state court alleged PAGA violations toward others. A prior decision by the US Supreme Court held that it did, while deferring to the California Supreme Court as the ultimate decider on the ...

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