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Thursday, September 27, 2012

Update on Iskanian v. CLS Transportation Los Angeles, LLC

As I mentioned here, the California Supreme Court last week granted the employees' petition for review in Iskanian v. CLS Transportation Los Angeles, LLC. The Court has updated its web site to state the issues presented as follows:
Petition for review after the Court of Appeal affirmed an order granting a motion to compel arbitration and dismissing class claims. This case presents the following issues:  
(1) Did AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S. Ct. 1740, 179 L.Ed.2d 742] impliedly overrule Gentry v. Superior Court (2007) 42 Cal.4th 443 with respect to contractual class action waivers in the context of non-waivable labor law rights?  
(2) Does the high court's decision permit arbitration agreements to override the statutory right to bring representative claims under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, ? 2698 et seq.)?  
(3) Did defendant waive its right to compel arbitration?
Iskanian is Case No. S204032. The Court's web page is here.

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