After Viking River Cruises, Plaintiffs Will Continue To Resist Arbitration In Pending Cases

In Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, the U.S. Supreme Court granted certiorari to decide whether representative claims under the Private Attorneys General Act (PAGA) may be compelled to individual arbitration. In Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), the California Supreme Court announced a rule against individual arbitration of PAGA claims, but the U.S. Supreme Court is widely expected to hold that the Federal Arbitration Act (FAA) preempts the Iskanian rule. (To read a recap of the Viking River Cruises oral argument, click here.)

In Part 1 of this two-part series, we examine the battle lines that will likely be drawn in current litigation if the U.S. Supreme Court overrules Iskanian. Current PAGA lawsuits on behalf of claimants subject to arbitration agreements will not automatically wind up in arbitration, nor should defendants expect that plaintiffs will submit to individual arbitration