Today, the Supreme Court will be hearing oral argument in two cases of interest.
- At 9:00 a.m., the Court will hear Iskanian v. CLS Transportation, No. S204032, which involves the enforceability of a no-class-action arbitration clause in an employment contract, and the continued vitality of Gentry post-Concepcion. These are the issues on review, per the docket:
(1) Did AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S. Ct. 1740, 179 L.Ed.2d 742] impliedly overrule Gentry v. Superior Court (2007) 42 Cal.4th 443 with respect to contractual class action waivers in the context of non-waivable labor law rights? (2) Does the high court's decision permit arbitration agreements to override the statutory right to bring representative claims under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.)? (3) Did defendant waive its right to compel arbitration?
- At 1:30 p.m., the Court will hear argument in Ayala v. Antelope Valley Newspapers, No. S206874. This case involves newspaper carriers who assert that their employer improperly classified them as independent contractors rather than employees. The question on review is whether the Court of Appeal properly reversed, in large part, the trial court's order denying class certification of their wage and hour claims. Here is the docket's description of the issues on review:
This case presents questions concerning the determination of whether common issues predominate in a proposed class action relating to claims that turn on whether members of the putative class are independent contractors or employees.
In Ayala v. Antelope Valley Newspapers, Inc., 210 Cal.App.4th 77 (Sept. 19, 2012; pub. ord. Oct. 17, 2012), after the trial court denied class certification, the Court of Appeal (Second Appellate District, Division Four) reversed the order as to five of the eight claims. For more on the case, see this blog post.
Both of these arguments are happening in Los Angeles. I am expecting to receive a report from at least one blog reader on Iskanian, which I will post here when received. If you attended either of these arguments and would like to share your impressions, please email me.