Supreme Court of the United States · Official docket →
Viking River Cruises, Inc. v. Angie Moriana
Paid petition · Court of Appeal of California, Second Appellate District, No. B297327 · judgment September 18, 2020
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a business petitioner.
Question presented
In AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), and Epic Systems Corp. v. Lewis, 138 S.Ct. 1612 (2018), this Court held that when parties agree to resolve their disputes by individualized arbitration, those agreements are fully enforceable under the Federal Arbitration Act (“FAA”). Courts are not free to disregard or “reshape traditional individualized arbitration” by applying rules that demand collective or representational adjudication of certain claims. Epic, 138 S.Ct. at 1623. The FAA allows the parties not only to choose arbitration but to retain the benefits of arbitration by maintaining its traditional, bilateral form. While California courts follow Concepcion and Epic when a party to an individualized arbitration agreement tries to assert class-action claims, they refuse to do so when a party to such an agreement asserts representative claims under the California Private Attorneys General Act (“PAGA”), which—like a class action—allows aggrieved employees to seek monetary awards on a representative basis on behalf of other employees. See Iskanian v. CLS Transp. Los Angeles, LLC, 327 P.3d 129 (Cal. 2014). As a result, Concepcion and Epic have not caused bilateral arbitration to flourish in California, as this Court intended, but have merely caused FAA-defying representational litigation to shift form. The question presented is: Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA.
Counsel of record
For petitioner
Paul D. Clement
Kirkland & Ellis LLP
For respondent
Kevin T. Barnes
Law Offices of Kevin T. Barnes
Case
Conference history
Distributed for 2 conferences
Amicus briefs
5 cert-stage · 22 merits
(10 supporting pet./neither, 12 respondent)
Argument & decision
Argued March 30, 2022 — Paul D. Clement · Scott L. Nelson. Audio and transcript
Decided June 15, 2022. Opinion by Alito.
Proceedings
- Jan 13 2023Record returned to the Court of Appeal of the State of California Second Appellate District Division 3. (1 Box)
- Aug 22 2022Rehearing DENIED.
- Aug 22 2022JUDGMENT ISSUED
- Jul 28 2022DISTRIBUTED.
- Jul 06 2022Petition for Rehearing filed.
- Jun 15 2022Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, and Gorsuch, JJ., joined, in which Roberts, C. J., joined as to Parts I and III, and in which Kavanaugh and Barrett, JJ., joined as to Part III. Sotomayor, J., filed a concurring opinion. Barrett, J., filed an opinion concurring in part and concurring in the judgment, in which Kavanaugh, J., joined, and in which Roberts, C. J, joined as to all but the footnote. Thomas, J., filed a dissenting opinion.
- Mar 30 2022Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: Scott L. Nelson, Washington, D. C.
- Mar 29 2022Record received from the Court of Appeal of the State of California Second Appellate District Division 3. (1 Box)
- Mar 18 2022Reply of petitioner Viking River Cruises, Inc. filed. (Distributed)
- Mar 09 2022Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
- Mar 09 2022Brief amici curiae of California Rural Legal Assistance, Inc. and California Rural Legal Assistance Foundation filed. (Distributed)
- Mar 09 2022Brief amici curiae of Civil Procedure and Arbitration Law Professors filed. (Distributed)
- Mar 09 2022Brief amici curiae of California Employment Lawyers’ Association, et al. filed. (Distributed)
- Mar 09 2022Brief amicus curiae of Public Justice filed. (Distributed)
- Mar 09 2022Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Distributed)
- Mar 09 2022Brief amicus curiae of State of California filed. (Distributed)
- Mar 09 2022Brief amicus curiae of Arbitration Scholar Imre Stephen Szalai filed. (Distributed)
- Mar 09 2022Brief amicus curiae of Tracy Chen, in Her Representative Proxy Capacity on Behalf of the State of California filed. (Distributed)
- Mar 09 2022Brief amicus curiae of American Association for Justice filed. (Distributed)
- Mar 08 2022Amicus brief of National Academy of Arbitrators not accepted for filing. (March 08, 2022 -- Corrected version to be submitted)
- Mar 08 2022Brief amicus curiae of National Academy of Arbitrators filed. (Distributed)
- Mar 08 2022Brief amicus curiae of Steve Chow filed. (Distributed)
- Mar 02 2022Brief of respondent Angie Moriana filed. (Distributed)
- Feb 14 2022The record received from the Superior Court of California County of Los Angeles has been electronically filed.
- Feb 11 2022CIRCULATED
- Feb 07 2022Brief amicus curiae of Employers Group filed.
- Feb 07 2022Brief amici curiae of Uber Technologies, Inc. and Postmates, LLC filed.
- Feb 07 2022Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
- Feb 07 2022Brief amici curiae of Retail Litigation Center, Inc. and the National Retail Federation filed.
- Feb 07 2022Brief amicus curiae of California Employment Law Council filed.
- Feb 07 2022Brief amicus curiae of Civil Justice Association of California filed.
- Feb 07 2022Brief amicus curiae of Restaurant Law Center filed.
- Feb 07 2022Brief amicus curiae of The California Business and Industrial Alliance filed. (Distributed)
- Feb 04 2022Brief amicus curiae of California New Car Dealers Association filed.
- Feb 04 2022Brief amici curiae of Washington Legal Foundation and Atlantic Legal Foundation filed. (Distributed)
- Feb 01 2022Record requested from the U.S. Court of Appeal of California 2nd Appellate.
- Jan 31 2022Brief of petitioner Viking River Cruises, Inc. filed.
- Jan 31 2022Joint appendix filed. (Statement of cost filed)
- Jan 28 2022ARGUMENT SET FOR Wednesday, March 30, 2022.
- Jan 13 2022Blanket Consent filed by Respondent, Angie Moriana
- Jan 04 2022Blanket Consent filed by Petitioner, Viking River Cruises, Inc.
- Dec 15 2021Petition GRANTED.
- Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
- Sep 28 2021Reply of petitioner Viking River Cruises, Inc. filed.
- Sep 10 2021Brief of respondent Angie Moriana in opposition filed.
- Aug 05 2021Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2021.
- Aug 04 2021Motion to extend the time to file a response from August 12, 2021 to September 10, 2021, submitted to The Clerk.
- Jul 13 2021Response Requested. (Due August 12, 2021)
- Jun 30 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 14 2021Brief amicus curiae of Retail Litigation Center, Inc. filed.
- Jun 14 2021Brief amicus curiae of California New Car Dealers Association filed.
- Jun 14 2021Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
- Jun 14 2021Brief amicus curiae of Restaurant Law Center filed.
- Jun 11 2021Brief amicus curiae of Washington Legal Foundation filed.
- May 25 2021Blanket Consent filed by Petitioner, Viking River Cruises, Inc.
- May 10 2021Petition for a writ of certiorari filed. (Response due June 14, 2021)