No. 22-75

ForwardLine Financial, LLC, et al. v. Brandon Ahlmann

Lower Court: California
Docketed: 2022-07-27
Status: GVR
Type: Paid
Response RequestedRelisted (2)
Tags: arbitration-agreement employment-agreement employment-law federal-arbitration-act iskanian labor-code labor-code-violations paga private-attorneys-general-act viking-river-cruises
Key Terms:
Arbitration
Latest Conference: 2022-12-09 (distributed 2 times)
Question Presented (AI Summary)

Whether a mutual pre-dispute agreement to arbitrate all claims arising from the employment relationship is enforceable as to PAGA claims asserted by an employee-plaintiff

Question Presented (OCR Extract)

QUESTION PRESENTED This case arises from the same scenario that was recently addressed in Viking River Cruises, Inc. v. Moriana, No. 20-1578, 596 U.S.__, 142 S. Ct. 1906 (June 15, 2022). California Petitioners ForwardLine Financial, LLC, and ForwardLine Payment Services, LLC (collectively “ForwardLine”) hired Respondent Brandon Ahlmann, and the parties agreed to arbitrate “any and all claims” arising from that employment relationship” and to “pursue arbitration solely in an individual capacity, and not as a representative or class member in any purported class or representative proceeding.” When Ahlmann was later fired, he filed a complaint against ForwardLine under California’s Private Attorneys General Act of 2004 (““PAGA”), Cal. Labor Code § 2698 et seq. The California courts rejected ForwardLine’s efforts to compel arbitration based on their conclusion that Iskanian v. CLS Transportation Los Angeles, 59 Cal.4th 348 (2014), precluded arbitration of PAGA claims. Subsequently, this Court decided Viking River Cruises and held that the Federal Arbitration Act preempts Iskanian to the extent the latter bars enforcement of agreements to arbitrate individual PAGA claims brought by the employee who claims to have suffered the Labor Code violations. The question presented is: Whether, in light of Viking River Cruises, a mutual pre-dispute agreement to arbitrate all claims arising from the employment relationship is enforceable as to PAGA claims asserted by an employee-plaintiff arising ii QUESTION PRESENTED Continued from Labor Code violations allegedly committed against him, and whether the intervening development of this holding in Viking River Cruises calls for the Court to grant the writ of certiorari, vacate the judgment, and remand the case for reconsideration (“GVR”). iii PARTIES The following individuals or entities are or were

Docket Entries

2023-01-13
Judgment and mandate issued.
2022-12-12
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Viking River Cruises, Inc.</i> v. <i>Moriana</i>, 596 U. S. ___ (2022).
2022-11-22
DISTRIBUTED for Conference of 12/9/2022.
2022-11-16
2022-11-03
2022-10-12
Motion to extend the time to file a response is granted and the time is extended to and including November 10, 2022.
2022-10-11
Motion to extend the time to file a response from October 11, 2022 to November 10, 2022, submitted to The Clerk.
2022-09-08
Response Requested. (Due October 11, 2022)
2022-09-07
DISTRIBUTED for Conference of 9/28/2022.
2022-07-22
2022-05-20
Application (21A749) granted by Justice Kagan extending the time to file until July 23, 2022.
2022-05-11
Application (21A749) to extend the time to file a petition for a writ of certiorari from May 24, 2022 to July 23, 2022, submitted to Justice Kagan.

Attorneys

Brandon Ahlmann
Douglas HanJustice Law Corporation, Respondent
Douglas HanJustice Law Corporation, Respondent
ForwardLine Financial, LLC, et al.
Lisa Marie BurnettSacro and Walker LLP, Petitioner
Lisa Marie BurnettSacro and Walker LLP, Petitioner