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Jun. 30, 2021

The brewing preemption battle over Iskanian’s PAGA rule

Will the high court address California’s attempt to wall PAGA claims off from FAA preemption?

Felix Shafir

Partner
Horvitz & Levy LLP

Appellate Law

Email: fshafir@horvitzlevy.com

Felix's practice focuses on the defense of class and representative actions.

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Peder K. Batalden

Partner
Horvitz & Levy LLP

Appellate Law

Email: pbatalden@horvitzlevy.com

Peder handles 9th Circuit appeals in a wide variety of cases.

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John F. Querio

Partner
Horvitz & Levy LLP

Email: jquerio@horvitzlevy.com

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For years, California courts refused to enforce class action waivers in arbitration agreements. The U.S. Supreme Court upended such restrictions in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), holding that the Federal Arbitration Act preempted them and required the enforcement of class-action waivers.

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