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Lyft, Inc. v. Million Seifu

Paid petition · Court of Appeal of California, Second Appellate District, No. B301774 · judgment March 30, 2023


Certiorari denied · June 17, 2024
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

This case involves the preemptive effect of the Federal Arbitration Act (FAA) on state-law employment claims brought under California’s Private Attorneys General Act (PAGA). Two Terms ago, applying the FAA, this Court divided PAGA claims subject to an arbitration agreement into two new categories of claims: “individual” claims and “non-individual” claims. Viking River Cruises, Inc. v. Moriana, 596 U.S. 639, 662 (2022). The Court directed the arbitration of individual claims and the dismissal of non-individual claims. Id. at 663. The Court’s holding that non-individual claims are to be dismissed quickly became a dead letter in California. In Adolph v. Uber Techs., Inc., the California Supreme Court held that non-individual claims should be stayed or litigated in court, not dismissed. 532 P.3d 682, 685–86 (Cal. 2023). Lower courts in California have followed this approach (including here in Lyft’s case) and have bypassed this Court’s disposition and reasoning in Viking River. But some federal district courts have applied Viking River and dismissed non-individual claims. The question here is whether—in deviating from this Court’s direction to dismiss non-individual claims—California courts have violated the FAA and this Court’s application of the FAA in Viking River. (The question here embraces the question presented in Uber Techs., Inc. v. Gregg, No. 23–645 (U.S. filed Dec. 12, 2023).)

Counsel of record

For petitioner
Peder K. Batalden
Horvitz & Levy LLP

For respondent
Shannon Liss-Riordan
Lichten & Liss-Riordan, P.C.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Linked docket
23A451

Proceedings

  1. Jun 17 2024
    Petition DENIED.
  2. May 28 2024
    DISTRIBUTED for Conference of 6/13/2024.
  3. May 23 2024
    Reply of petitioner Lyft, Inc. filed. (Distributed)
  4. May 13 2024
    Brief of respondent Million Seifu in opposition filed.
  5. Mar 28 2024
    Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2024.
  6. Mar 26 2024
    Motion to extend the time to file a response from April 11, 2024 to May 13, 2024, submitted to The Clerk.
  7. Mar 12 2024
    Response Requested. (Due April 11, 2024)
  8. Feb 28 2024
    DISTRIBUTED for Conference of 3/15/2024.
  9. Feb 16 2024
    Brief amici curiae of Employers Group and the California Employment Law Council filed.
  10. Feb 14 2024
    Brief amicus curiae of Washington Legal Foundation filed.
  11. Jan 11 2024
    Petition for a writ of certiorari filed. (Response due February 16, 2024)
  12. Nov 20 2023
    Application (23A451) granted by Justice Kagan extending the time to file until January 11, 2024.
  13. Nov 16 2023
    Application (23A451) to extend the time to file a petition for a writ of certiorari from December 12, 2023 to January 11, 2024, submitted to Justice Kagan.