10.)
The case: Angie Moriana brought a representative action—an action in which a plaintiff brings a lawsuit on behalf of others—against Viking River Cruises, Inc. (Viking) for violations of California labor code. Viking moved to
'[T]he ruling by a judge that all or a portion (one or more of the causes of action) of the plaintiff's lawsuit is terminated (thrown out) at that point without further evidence or testimony.'<ref>
Law.com, 'Dismiss,' accessed April 1, 2021</ref>
">dismiss the action, arguing that an Arbitration is an alternative dispute resolution method 'with one or more persons hearing a dispute and rendering a binding decision. An agreement to arbitrate disputes can be made before or after a specific dispute arises. Since the parties can agree to the rules of arbitration (e.g., selecting qualified arbitrators with knowledge of the issues), they can save costs as compared to litigation.'<ref>
Cornell Law School Legal Information Institute, 'Arbitration,' accessed December 13, 2021</ref>
">arbitration agreement Moriana had signed as a condition of her employment required that all employment disputes be arbitrated. The trial court denied Viking's motion citing the
California Supreme Court's precedent in
Iskanian v. CLS Transportation Los Angeles, LLC (2014), finding arbitration agreements that waive the right to bring representative actions under California law unenforceable. After unsuccessful appeals to the California appellate courts, Viking appealed to the
U.S. Supreme Court on the theory that the California Supreme Court's holding in
Iskanian was overruled by the U.S. Supreme Court's 2018 decision in
EPIC Systems Corp. v. Lewis.
Click here to learn more about the case's background.
Viking River Cruises, Inc. v. Moriana
Viking River Cruises, Inc. v. Moriana - SCOTUS