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.
BONUS CONTENT: Interview with Andy Speilberger at the 2019 CAOC Convention in San Francisco
26. Attorney Referral Services; Release of Liability in Self-Storage Facilities; Motion for Reconsideration Re Choice of Law; Joint Employer Doctrine
25. Design Immunity; The Consumer Legal Remedies Act (CLRA) and Who Qualifies as a Consumer; Standing to Appeal a Judgment in a Class Action; Attorney Fees & the Cost of Litigation
24. CIGA and the Impact on Medicare Payments; Federal Torts Claims Act (FTCA); Indemnification of Additional Insurers; Legislative Difference Between “Rate of Compensation” and “Rate of Pay”
BONUS CONTENT: Interview with Taylor Rayfield at the 2019 CAALA Convention in Las Vegas
23. Legal Malpractice Cases; The Joint Employer Doctrine; The Future of Dynamex and the Gig Economy
BONUS CONTENT: Interview with Michael Childress at the 2019 CAALA Convention in Las Vegas
22. Lawyers Trying to Fend Off Bad Reviews; Narrowing of the Joint Employer Doctrine; Challenges in Certifying a Class
21. A Dramatic Reading of Steinbeck; An Evangelist Grandmother’s Relationship with Her Granddaughter; Compelling Arbitration and Judicial Reference; Honolulu Discount; The Five-Year Trial Rule
BONUS CONTENT: Interview with Jake Courtney at the 2019 CAALA Convention in Las Vegas
20. Procedural & Substantive Unconscionability of Arbitration Agreements; California Homeowners Bill of Rights; Class Action “Fairness” Act; Reversing Award of Attorney fees; Litigation Privilege
BONUS CONTENT: Interview with Holly Boyer at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Geoff Wells at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Elise Sanguinetti at the 2019 CAALA Convention in Las Vegas
19. Armenian Genocide Insurance Litigation: Bad Faith Lawsuits Brought In The Wake Of The First Genocide of the 20th Century
BONUS CONTENT: Interview with James DeSimone at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Christine Spagnoli at the 2019 CAALA Convention in Las Vegas
18. More Bad Decisions Regarding Arbitration
BONUS CONTENT: Interview with Genie Harrison at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Robert Simon at the 2019 CAALA Convention in Las Vegas
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