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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

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to SCOTUSblog in various capacities, is counsel on an amicus brief in support of the petitioner in this case.

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.

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