David Faustman and Yesenia M. Gallegos were featured in the Law360 article, "Iskanian Employer to Appeal Arbitration Case to High Court." Full text can be found in the July 30, 2014, issue, but a synopsis is below.
According to the company's attorney, CLS Transportation Los Angeles LLC plans to petition the U.S. Supreme Court in an effort to overturn the prohibition of Private Attorney General Act waivers in Iskanian, which was a significant California Supreme Court ruling that bolstered enforcement of mandatory class waivers in employment arbitration agreements.
CLS attorney David Faustman said during a Los Angeles hearing that he believed the California Supreme Court's decision runs counter to federal law, and his client intends to petition the U.S. Supreme Court ahead of a September deadline.
He further explained that before the California Supreme Court ruling, the California Court of Appeal agreed that a PAGA representative action should be treated like a class action in arbitration deals.
CLS Transportation is represented by Fox Rothschild's David Faustman and Yesenia M. Gallegos.
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