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Wednesday, December 12, 2012

Reyes v. Liberman Broadcasting: Supreme Court Grants Review of Class Action Waiver Decision Pending Iskanian

As suspected, the California Supreme Court has granted review in Reyes v. Liberman Broadcasting Inc. (8/31/12) --- Cal.App.4th --- (discussed here) pending its decision in Iskanian v. CLS Transportation L.A., LLC (6/4/12) 206 Cal.App.4th 949, review granted 9/19/12 (discussed here).

Reyes is a putative wage and hour class action and PAGA representative action in which the Court of Appeal held:
  1. The arbitration agreement at issue did not authorize class arbitration. 
  2. Given the possibility that California law prior to Concepcion barred enforcement of the arbitration agreement for this reason, the defendant did not waive its right to arbitration by not making its motion sooner. 
  3. The NLRA does not prohibit enforcement of arbitration agreements that do not provide for class arbitration. 
The Supreme Court's docket for Reyes is here.  

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