Author: Philip Johnson

Examining the Ninth Circuit’s View on Iskanian v. CLS Transportation Los Angeles, LLC: An Update on California’s Enforcement of Arbitration Clauses

Examining the Ninth Circuit’s View on Iskanian v. CLS Transportation Los Angeles, LLC: An Update on California’s Enforcement of Arbitration Clauses

In Sakkab v. Luxottica Retail North America, Inc., No. 3:12-cv-00436-GPC-KSC, 2015 WL 5667912 (9th Cir. 2015), the Ninth Circuit held last month in a 2–1 decision that the Federal Arbitration Act (“FAA”) does not preempt the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348, 359 (2014), which held, among other things, that an employer’s arbitration agreement cannot require employees to waive representative claims under California’s Private Attorneys General Act of 2004 (“PAGA”), Cal. Labor Code §§ 2698–2699.5 (2004), as a condition of employment. Because both opinions are extensive and complex—Iskanian’s three opinions total...

Opinion Analysis: Berkeley Hillside Preservation v. City of Berkeley

Opinion Analysis: Berkeley Hillside Preservation v. City of Berkeley

On March 2, 2015, the California Supreme Court issued its decision in Berkeley Hillside Preservation v. City of Berkeley, which addressed the meaning of the “unusual circumstances” exception to the California Environmental Quality Act’s (“CEQA”) categorical exemptions. Specifically, the Court “granted review to consider the proper interpretation and application” of section 15300.2, subd. (c) of the Guidelines for Implementation of CEQA (“Guidelines”), known as the “unusual circumstances exception.” That provision provides: “Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment...