California's Supreme Court Gives the Green Light on Class Action Waivers

The Constitution
California's Supreme Court Gives the Green Light on Class Action Waivers

Today the California Supreme Court gave the green light for companies to implement class action waiver's in Iskanian v. CLS Transportation Los Angeles, LLC. The opinion explains that the United States Supreme Court ruling in AT&T Mobility, LLC v. Concepcion, 563 U.S. ___, 131 S.Ct. 1740 (2011), invalidated the holding in Gentry v. Super. Ct., 42 Cal. 4th 443 (2007) which generally held such waiver's unenforceable. Depsite following the precedent established in the landmark Concepcion case, the California Supreme Court carved out an important exception for Plaintiff's firms seeking to represent a class. Under Iskanian, class waivers do not apply to representative class actions brought under California's Private Attorney General Act of 2004, Lab. Code §§ 2698, et seq

 

The full opinion can be obtained at: http://www.courts.ca.gov/opinions/documents/S204032.PDF 

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