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Jan 25, 2024 | 
mondaq.com | Michael Afar |Jeffrey Berman |Phillip Ebsworth |Kerry Friedrichs
Seyfarth Synopsis: On January 18,
2024, in Estrada v. Royalty Carpet Mills, Inc., the
California Supreme Court addressed the split in appellate authority
as to whether trial courts have inherent authority to strike a PAGA
claim on the grounds that they were not manageable.
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Jan 22, 2024 | 
jdsupra.com | Joshua Rodine |Michael Afar |Jeffrey Berman |Phillip Ebsworth
Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA claim on the grounds that they were not manageable.
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Jan 17, 2024 | 
mondaq.com | Phillip Ebsworth |Michael Afar
Seyfarth Synopsis: The first reported PAGA
case of 2024 serves as a reminder of the importance of precise
language for an enforceable PAGA waiver and the risks of including
a "poison pill" provision in a
class/representative/PAGA action waiver in arbitration
agreements.
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Jan 12, 2024 | 
jdsupra.com | Michael Afar |Phillip Ebsworth
Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a class/representative/PAGA action waiver in arbitration agreements. In DeMarinis, the First District affirmed the trial court’s denial of the employer’s motion to compel arbitration finding that the agreement contained a wholesale PAGA waiver in violation of Iskanian and a “poison pill” provision.
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Jan 11, 2024 | 
lexblog.com | Phillip Ebsworth |Michael Afar
By: Phillip J. Ebsworth and Michael AfarSeyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a class/representative/PAGA action waiver in arbitration agreements.
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Jan 11, 2024 | 
wagehourlitigation.com | Phillip Ebsworth |Michael Afar
By: Phillip J. Ebsworth and Michael AfarSeyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a class/representative/PAGA action waiver in arbitration agreements.
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Jan 11, 2024 | 
lexology.com | Phillip Ebsworth |Michael Afar
Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a class/representative/PAGA action waiver in arbitration agreements. In DeMarinis, the First District affirmed the trial court’s denial of the employer’s motion to compel arbitration finding that the agreement contained a wholesale PAGA waiver in violation of Iskanian and a “poison pill” provision.
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May 31, 2023 | 
mondaq.com | Phillip Ebsworth |Michael Afar
Seyfarth Synopsis: The Second Appellate
District entered the fray and, like the Fourth and Fifth Districts
in Galarsa and Piplack, held that an individual
PAGA representative still maintains standing to pursue
non-individual representative PAGA claims in court, even if the
individual claims are compelled to arbitration.
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May 24, 2023 | 
jdsupra.com | Michael Afar |Phillip Ebsworth
Seyfarth Synopsis: The Second Appellate District entered the fray and, like the Fourth and Fifth Districts in Galarsa and Piplack, held that an individual PAGA representative still maintains standing to pursue non-individual representative PAGA claims in court, even if the individual claims are compelled to arbitration.
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May 24, 2023 | 
lexblog.com | Phillip Ebsworth |Michael Afar
By: Phillip J. Ebsworth and Michael AfarSeyfarth Synopsis: The Second Appellate District entered the fray and, like the Fourth and Fifth Districts in Galarsa and Piplack, held that an individual PAGA representative still maintains standing to pursue non-individual representative PAGA claims in court, even if the individual claims are compelled to arbitration.
