Shipt, Inc. v. Jade Green

The Federal Arbitration Act (“FAA”) provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. In Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), this Court held that the FAA “protect[s]” individual arbitration agreements “pretty absolutely,” and requires courts “to enforce, not override, the terms of [an] arbitration agreement[]” “providing for individualized proceedings.” Id. at 1619, 1621, 1623. This Court granted review in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 734 (2021), which raises the same issue Petitioner Shipt, Inc. raises here: whether the FAA preempts the rule in Iskanian v. CLS Transp. L.A., LLC, 59 Cal.4th 348 (2014) that California Labor Code Private Attorneys General Act waivers are unenforceable and instead requires enforcement of bilateral arbitration agreements including representative action waivers, such as the one the parties entered into here. Shipt requests that this Court hold this Petition pending disposition of Viking River, and then grant this Petition, vacate the California Court of Appeal decision below, and remand to the Court of Appeal with instructions to follow Viking River. The question presented is: Whether agreements calling for individual arbitration are enforceable under the Federal Arbitration Act with respect to claims asserted under the California Labor Code Private Attorneys General Act.