Viking v. Moriana

Question Presented

Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act.    

Brief Filed

Notwithstanding the U.S. Supreme Court’s decision in AT&T v. Concepcion and its progeny declaring that the Federal Arbitration Act preempts state law, the California judiciary continues to allow employees to utilize the California Private Attorneys General Act (PAGA) as a tool to circumvent valid arbitration agreements. 

Cert Stage Brief