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« U.S. Supreme Court schedules UCL case for conference: Rose v. Bank of America | Main | Supreme Court to hand down class certification/ employment opinion this morning: Ayala v. Antelope Valley Newspapers »

Monday, June 23, 2014


Elliot Silverman

Another decision that seems defendant-friendly on its face (Gentry overruled; the NLRA argument rejected) but will probably wind up being plaintiff-friendly in practice (PAGA claims are still not arbitrable, and the last paragraph of the opinion strongly hints that individual arbitration can be stayed until after the PAGA class action is tried). Unless the U.S. Supreme Court grants cert on the PAGA issue, this will probably not change much in California employment litigation, although the overruling of Gentry may have some impact in non-employment cases.

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