California Supreme Court
Arshavir Iskanian, Plaintiff and Appellant v. Cls Transportation Los Angeles, LLC, Defendant and Re — Chin, J…
June 23, 201459 Cal. 4th 348
Summary
Justice Chin concurred in the judgment, agreeing that the prior state-law rule invalidating certain class waivers is preempted by the Federal Arbitration Act, that the class waiver is not unlawful under federal labor law, and that the defendant did not waive arbitration. He also agreed that the arbitration agreement cannot bar a representative action under the state Private Attorneys General Act, but rejected the majority’s reasoning that such claims fall wholly outside the Federal Arbitration Act. Justice Werdegar, concurring in part and dissenting in part, agreed concerning the representative claims but would have held the class waivers unlawful and reversed the Court of Appeal in its entirety.