On Monday, the Supreme Court will file opinions in two much-watched civil cases.
In Iskanian v. CLS Transportation of Los Angeles LLC, which was argued in April, the court will answer these questions: (1) Did AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S. Ct. 1740, 179 L.Ed.2d 742] impliedly overrule Gentry v. Superior Court (2007) 42 Cal.4th 443 with respect to contractual class action waivers in the context of non-waivable labor law rights? (2) Does the high court’s decision permit arbitration agreements to override the statutory right to bring representative claims under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.)? (3) Did defendant waive its right to compel arbitration? [Disclosure: Horvitz & Levy filed an amicus curiae brief in this case.]
Verdugo v. Target Corporation was argued on the early-May calendar. In that case, at the Ninth Circuit’s request, the court will answer this state law question — “In what circumstances, if ever, does the common law duty of a commercial property owner to provide emergency first aid to invitees require the availability of an Automatic External Defibrillator (‘AED’) for cases of sudden cardiac arrest?”
Both opinions can be viewed online Monday beginning at 10:00 a.m.