Civil Action with Brian & Shant
Government
With the California Private Attorneys General Act in the news again after the Supreme Court decision on Viking River Cruises, Inc. v. Moriana, Brian and Shant dive into what the decision means for the future of PAGA and how it may be enforced now that the Federal Arbitration Act can preempt the California law in certain situations.
They also discuss what might happen if enough signatures are collected to put PAGA on the chopping block in the 2024 election, including legislative compromises that would keep PAGA intact but attempt to reduce abuses, particularly those aimed at small businesses.
Lastly, Brian and Shant discuss a ruling by the California Fourth District Court of Appeals in the case, Estrada v. Royalty Carpet Mills, Inc., which held that PAGA cases could not be dismissed by the court because of manageability issues, which is in direct opposition to the Second District Court’s ruling in Wesson v. Staples the Office Superstore, LLC in 2021.
Since PAGA claims are meant to act in the stead of the California Labor & Workforce Development Agency, the court said that cases cannot be thrown out due to manageability concerns because, “the LWDA is not subject to a manageability requirement when it investigates Labor Code violations and assesses fines internally,” thus PAGA claims can not be subject to manageability requirements either.
The case will now head to the California Supreme Court and Brian and Shant give their predictions on where the court will land.
Episode 76: What Your Expert Witnesses Want You to Know
Episode 75: Tort Reform, Ron DeSantis, Remote Appearance, and AI
Episode 74: Starting Your Own Firm with Alexandra Steele Cooper.
Episode 73: Dr. Sohee Jun on Women and Imposter Syndrome in the Law
Episode 72: Court Reporter Crisis and Disney v. DeSantis
Episode 71: Working with Victims of Sexual Abuse
Episode 70: Annie Martin-McDonough Talks the Tort of Seduction
Episode 69: Gender Bias: A Conversation with Anastasia Mazzella and Marina Pacheco
Episode 68: Figuring Out Insurance Policy Limits In Your PI Case with Stephanie Charlin.
Episode 67: Can you pop the Lid On a UM/UIM Policy?
Episode 66: Sexual Abuse Case Filing Process for Statute 340.1
Episode 65: Why Corporate America Wants a Conservative Supreme Court.
63: Harry Plotkin Shares His Thoughts On the Significance of Proper Jury Selection to Win Cases.
62: The Future of Law School: A Conversation With Michael Waterstone, Dean of Loyola Law School, Los Angeles.
61: What a PI Lawyer Needs To Know About Family Law. A conversation with Ron Brot.
60: Is PAGA in Trouble?
59: Popping the Policy – Developments in Insurance Bad Faith Law
58. Civil Procedure Cases Pt. 4
57. Insurance Cases Pt. 2
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