We’ve all been there: that sinking feeling when we realize a case either has an unbeatable arbitration agreement or has been compelled to arbitration. Your client’s case is now worth a fraction of what it could have been in court. But what if some secret weapons could take the sting out of arbitration and perhaps… Continue Reading Arbitration Hypnosis: Using Hidden Gems to Recalibrate Your Distaste for Arbitration
A PAGA PRIMER: THE CASES AND ISSUES YOU NEED TO KNOW The seminal case in this area is the California Supreme Court’s decision in lskanian v CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348. As the Court explained after examining the legislative history of the statute, PAGA was enacted for a dual purpose: (1)… Continue Reading The Nature of PAGA Actions What is a PAGA claim? How do you bring one? Why would you bring one? What other factors must be taken into consideration?
Vazquez v. Jan-Pro Franchising Int’l, Inc., 2021 WL 127201 (Jan. 14, 2021) The United States Court of Appeals for the Ninth Circuit certified this question to the California Supreme Court: Does the decision in Dynamex Operations West, Inc. v. Super. Ct. (2018) 4 Cal.5th 903 apply retroactively? The California high court answered that it does… Continue Reading Dynamex Applies Retroactively Because It Was a Case of First Impression and Did Not Change a Settled Rule.
Garcia v. Haralambos Beverage Co., 2021 WL 22015 (Jan. 4, 2021) Defendant sought to compel Plaintiffs, truck drivers, to arbitrate their individual claims. The trial court denied the motion to compel, holding Defendant had waived its right to compel arbitration because it had unreasonably delayed in bringing the motion and had acted in a manner… Continue Reading Defendant Waived Its Right to Compel Arbitration Because of Delay, Taking Actions Inconsistent with the Right to Arbitrate, and the Prejudice to Plaintiff.