Case Detail

Bloomingdale’s Inc. v. Vitolo
On April 13, 2017, WLF asked the U.S. Supreme Court to strike down a Ninth Circuit decision that would allow “representative actions” under the California Private Attorneys General Act (PAGA) to evade arbitration agreements in the state. PAGA allows an employee to bring an action on that employee’s own behalf and on behalf of other employees for wage-related violations of California’s labor code. WLF’s brief explains how California and the Ninth Circuit have allowed this procedural state statute and other state policy concerns to undermine the Federal Arbitration Act (FAA) and render claims brought under PAGA inarbitrable—producing a predictable spike in PAGA suits flooding the courts. The FAA requires courts to enforce arbitration agreements faithfully according to their terms. Although the FAA contains a “savings clause” for state laws that do not single out arbitration for special negative treatment, PAGA claims are being brought precisely to evade arbitration.
Case Status:
Awaiting oral argument.
More Information and Downloads:
4/13/2017: Download the Brief
Press Release: WLF Calls on U.S. Supreme Court to Stamp Out Ninth Circuit’s Arbitration Defiance Yet Again
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