Bloomingdale’s Inc. v. Vitolo
- Case Date: 4/13/2017
- Project Name: Civil Justice Reform
On June 19, 2017, the U.S. Supreme Court issued a one-sentence order declining to review an appeals court decision that refused to enforce an arbitration agreement entered into between a retailer and some of its employees. The decision was a setback for WLF, which urged the Court to grant review. The Federal Arbitration Act (FAA) establishes, as a matter of national policy, that courts should enforce agreements that future disputes between the contracting parties should be settled by arbitration, not by a judicial proceeding. However, California courts have repeatedly resisted Supreme Court orders that they abide by the FAA. In this case, a California court ruled that suits filed by employees against their employers under the State’s Private Attorney General Act (PAGA) are exempt from the FAA’s mandate. WLF’s brief argued that the exemption for PAGA lawsuits effectively nullifies the FAA in the context of employment-related arbitration agreements.
More Information and Downloads:
4/13/2017: Download the Brief