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.
17. The End of Labor Code Section 558; Bad News for California Employees
16. Notice Prejudice Case; Removal Case; Privacy Rights; Driver Privacy Protection Act; Arbitration of UCL Claim; Trail Immunity
15. Small Inflatable Pools; Good News For Lawyers Handling Consumer Class Actions.
14. Beating MSJ in a Discrimination Case; Successfully Fending Off Arbitration By Arguing Waiver
13. Breach of Confidentiality Clause; J&J Talc Case; Personal Injury Case; A Rogue Juror; Abuse Case; Insurance Case & Interpreting Contracts
12. FEHA; Attorneys Fees in Lemon Law Cases; Medicare in Personal Injury Cases; Attorney Fees in Civil Rights Action; RFAs; Burden of Proof for Reducing Future Damage Awarded
11. Facebook & The Telephone Consumer Protection Act; Lawyers Getting Petty; Professional Negligence & CPAs; Clarifying Rule 4-2; Manhattan Community Access Corp Case
10. Case Certification; Insurance Case; Decertification and Standing; UCL Claim; Civility and the Law
9. Waiving Right to Arbitration; Handling Insurance Company Claim; 9th Circuit Court of Appeal Arbitration; CAFA; SoCal Gas Leak Case; Mandatory Fee Arbitrations Over Attorney Fees
8. Class Action Fairness Act; Treble Damages Under Penal Code; Failure to Prosecute; Picking Off Class Representatives; One-Way Attorney Fee Statute
7. Arbitration; Primary Assumption of Risk; Insurance Cases
6. Juror Misconduct & Collateral Source Rule; Forum Selection Clauses; 5 Year Rule in A "Death Knell" Doctrine; Uninsured Motorists Within an Umbrella Policy; PAGA & Claim Splitting
5. Good News in Trucking Employment Cases; Cautionary Tales About Deadlines
4. SCOTUS Ruling in Epic Systems in PAGA Cases; Denying Class Certification; Religious Org. Exemption; Relief Under CCP 473b; Elder Abuse Cases; Deadlines for Removing Fed. Court Case
3. Cy Pres; Default Judgment PAGA Cases; Declarations in Malpractice; DQ of Lawyers in Partnership Disputes; Self-Insured Retention & Coverage; Liability of a Fraternity
2. Equitable Tolling; Piece Rate Work & Meal Breaks; Application of Forum Selection Clauses; Seeking Disqualification of Lawyers; Post-PAGA Actions
1. Enforcing Arbitration Clauses; Challenging Judges; Expert Declarations; False Advertising Claims; Construction Defect Class Actions
Introducing: Civil Action with Brian & Shant
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