Viking River Cruises, Inc. v. Moriana

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-1573	Cal. Ct. App.	Mar 30, 2022	Jun 15, 2022	8-1	Alito	OT 2021

Holding: The Federal Arbitration Act preempts a rule of California law that invalidates contractual waivers of the right to assert representative claims under PAGA " the California Private Attorneys General Act " insofar as that rule precludes division of PAGA actions into individual and non-individual claims through an agreement to arbitrate.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Alito on June 15, 2022. Justice Alito delivered the opinion of the court, in which Justices Breyer, Sotomayor, Kagan, and Gorsuch joined, in which Chief Justice Roberts joined as to Parts I and III, and in which Justices Kavanaugh and Barrett joined as to Parts III. Justice Sotomayor filed a concurring opinion. Justice Barrett filed an opinion concurring in part and concurring in the judgment, in which Justice Kavanaugh joined, and in which Chief Justice Roberts joined as to all but the footnote. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

Supreme Court, once again, rejects California treatment of arbitration (Ronald Mann, June 16, 2022)
Announcement of opinions for Wednesday, June 15 (complete) (Angie Gou, June 15, 2022)
Conservative justices seem again poised to reverse California courts on arbitration issue (Ronald Mann, April 1, 2022)
Justices to consider Californias private-attorney-general exception to arbitration clause (Ronald Mann, March 29, 2022)
Court sets quiet March argument calendar (Amy Howe, January 28, 2022)
Justices will take up cases on arbitration, locomotives, and Congress war powers (Amy Howe, December 15, 2021)
First Amendment questions and California arbitration battles (Mitchell Jagodinski, May 28, 2021)

Date	Proceedings and Orders (key to color coding)
05/10/2021	Petition for a writ of certiorari filed. (Response due June 14, 2021)
05/25/2021	Blanket Consent filed by Petitioner, Viking River Cruises, Inc.
06/11/2021	Brief amicus curiae of Washington Legal Foundation filed.
06/14/2021	Brief amicus curiae of Retail Litigation Center, Inc. filed.
06/14/2021	Brief amicus curiae of California New Car Dealers Association filed.
06/14/2021	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
06/14/2021	Brief amicus curiae of Restaurant Law Center filed.
06/30/2021	DISTRIBUTED for Conference of 9/27/2021.
07/13/2021	Response Requested. (Due August 12, 2021)
08/04/2021	Motion to extend the time to file a response from August 12, 2021 to September 10, 2021, submitted to The Clerk.
08/05/2021	Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2021.
09/10/2021	Brief of respondent Angie Moriana in opposition filed.
09/28/2021	Reply of petitioner Viking River Cruises, Inc. filed.
11/23/2021	DISTRIBUTED for Conference of 12/10/2021.
12/15/2021	Petition GRANTED.
01/04/2022	Blanket Consent filed by Petitioner, Viking River Cruises, Inc.
01/13/2022	Blanket Consent filed by Respondent, Angie Moriana
01/28/2022	ARGUMENT SET FOR Wednesday, March 30, 2022.
01/31/2022	Brief of petitioner Viking River Cruises, Inc. filed.
01/31/2022	Joint appendix filed. (Statement of cost filed)
02/01/2022	Record requested from the U.S. Court of Appeal of California 2nd Appellate.
02/04/2022	Brief amicus curiae of California New Car Dealers Association filed.
02/04/2022	Brief amici curiae of Washington Legal Foundation and Atlantic Legal Foundation filed. (Distributed)
02/07/2022	Brief amicus curiae of Employers Group filed.
02/07/2022	Brief amici curiae of Uber Technologies, Inc. and Postmates, LLC filed.
02/07/2022	Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
02/07/2022	Brief amici curiae of Retail Litigation Center, Inc. and the National Retail Federation filed.
02/07/2022	Brief amicus curiae of California Employment Law Council filed.
02/07/2022	Brief amicus curiae of Civil Justice Association of California filed.
02/07/2022	Brief amicus curiae of Restaurant Law Center filed.
02/07/2022	Brief amicus curiae of The California Business and Industrial Alliance filed. (Distributed)
02/11/2022	CIRCULATED
02/14/2022	The record received from the Superior Court of California County of Los Angeles has been electronically filed.
03/02/2022	Brief of respondent Angie Moriana filed. (Distributed)
03/08/2022	Amicus brief of National Academy of Arbitrators not accepted for filing. (March 08, 2022 -- Corrected version to be submitted)
03/08/2022	Brief amicus curiae of National Academy of Arbitrators filed. (Distributed)
03/08/2022	Brief amicus curiae of Steve Chow filed. (Distributed)
03/09/2022	Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
03/09/2022	Brief amici curiae of California Rural Legal Assistance, Inc. and California Rural Legal Assistance Foundation filed. (Distributed)
03/09/2022	Brief amici curiae of Civil Procedure and Arbitration Law Professors filed. (Distributed)
03/09/2022	Brief amici curiae of California Employment Lawyers’ Association, et al. filed. (Distributed)
03/09/2022	Brief amicus curiae of Public Justice filed. (Distributed)
03/09/2022	Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Distributed)
03/09/2022	Brief amicus curiae of State of California filed. (Distributed)
03/09/2022	Brief amicus curiae of Arbitration Scholar Imre Stephen Szalai filed. (Distributed)
03/09/2022	Brief amicus curiae of Tracy Chen, in Her Representative Proxy Capacity on Behalf of the State of California filed. (Distributed)
03/09/2022	Brief amicus curiae of American Association for Justice filed. (Distributed)
03/18/2022	Reply of petitioner Viking River Cruises, Inc. filed. (Distributed)
03/29/2022	Record received from the Court of Appeal of the State of California Second Appellate District Division 3. (1 Box)
03/30/2022	Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: Scott L. Nelson, Washington, D. C.
06/15/2022	Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, and Gorsuch, JJ., joined, in which Roberts, C. J., joined as to Parts I and III, and in which Kavanaugh and Barrett, JJ., joined as to Part III. Sotomayor, J., filed a concurring opinion. Barrett, J., filed an opinion concurring in part and concurring in the judgment, in which Kavanaugh, J., joined, and in which Roberts, C. J, joined as to all but the footnote. Thomas, J., filed a dissenting opinion.
07/06/2022	Petition for Rehearing filed.
07/28/2022	DISTRIBUTED.
08/22/2022	Rehearing DENIED.
08/22/2022	JUDGMENT ISSUED
01/13/2023	Record returned to the Court of Appeal of the State of California Second Appellate District Division 3. (1 Box)