No. 21-1246

Postmates, LLC, fka Postmates, Inc. v. Melanie Winns, et al.

Lower Court: California
Docketed: 2022-03-15
Status: Dismissed
Type: Paid
Response Requested Experienced Counsel
Tags: california-labor-code federal-arbitration-act individual-arbitration iskanian-rule preemption private-attorneys-general-act representative-action-waiver viking-river-cruises
Key Terms:
Arbitration LaborRelations ClassAction JusticiabilityDoctri
Latest Conference: 2022-05-12
Question Presented (AI Summary)

Whether agreements calling for individual arbitration are enforceable under the Federal Arbitration Act with respect to claims asserted under the California Labor Code Private Attorneys General Act

Question Presented (OCR Extract)

QUESTION PRESENTED The Federal Arbitration Act (“FAA”) provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. In Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), this Court held that the FAA “protect[s]” individual arbitration agreements “pretty absolutely,” and requires courts “to enforce, not override, the terms of [an] arbitration agreement|]” “providing for individualized proceedings.” Id. at 1619, 1621, 1623. This Court granted review in Viking River Cruises, Inc. v. Moriana, 142 8. Ct. 734 (2021), which raises the same issue Petitioner Postmates, LLC raises here: whether the FAA preempts the rule in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), that California Labor Code Private Attorneys General Act waivers are unenforceable, and instead requires enforcement of bilateral arbitration agreements including representative action waivers, such as the one the parties entered into here. Postmates requests that this Court hold this Petition pending disposition of Viking River, and then grant this Petition, vacate the California Court of Appeal decision below, and remand to the Court of Appeal with instructions to follow Viking River. The question presented is: Whether agreements calling for individual arbitration are enforceable under the Federal Arbitration Act with respect to claims asserted under the California Labor Code Private Attorneys General Act.

Docket Entries

2022-10-14
Petition Dismissed - Rule 46.
2022-10-12
Joint motion to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed.
2022-06-01
Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2022.
2022-05-24
Motion to extend the time to file a response from May 27, 2022 to July 26, 2022, submitted to The Clerk.
2022-04-27
Response Requested. (Due May 27, 2022)
2022-04-26
DISTRIBUTED for Conference of 5/12/2022.
2022-03-11
Petition for a writ of certiorari filed. (Response due April 14, 2022)
2022-01-05
Application (21A294) granted by Justice Kagan extending the time to file until March 12, 2022.
2021-12-29
Application (21A294) to extend the time to file a petition for a writ of certiorari from January 11, 2022 to March 12, 2022, submitted to Justice Kagan.

Attorneys

Melanie Winns, et al.
Amir MostafaviMostafavi Law Group, APC, Respondent
Amir MostafaviMostafavi Law Group, APC, Respondent
Postmates, LLC
Theane Evangelis KapurGibson, Dunn & Crutcher LLP, Petitioner
Theane Evangelis KapurGibson, Dunn & Crutcher LLP, Petitioner