In 2014, the California Supreme Court ordered a lower court to vacate and reconsider a decision in light of the California Supreme Court’s decision in Iskanian v. CLS Transportation of Los Angeles. The Iskanian decision held that an employment agreement that purports to bar employees from asserting claims for civil penalties under California’s Private Attorneys General Act (PAGA) is unenforceable under state law, and that the Federal Arbitration Act (FAA) does not preempt state law and require enforcement of such PAGA waivers. The U.S. Supreme Court denied certiorari in Iskanian in January 2015.
Meanwhile, the petitioner in this case filed a petition for certiorari seeking review of the same issues that had been raised in Iskanian: Whether the FAA preempts the holding of Iskanian. PCLG was cocounsel for respondents and joined in filing a brief in opposition to the petition for certiorari. Given that the California Supreme Court merely remanded a case for further consideration in light of Iskanian, the brief in opposition explained that the same reasons for denial of certiorari in Iskanian applied even more forcefully here. The U.S. Supreme Court denied certiorari.