Duane Morris Class Action Review - 2023 - Report - Page 331
court. The Supreme Court further held that the non-individual (or representative) PAGA
claims should be dismissed for lack of standing once the individual claims are sent to
arbitration. The California Supreme Court recently granted review in Adolph, et al. v.
Uber Technologies, Inc., on the question as to whether an employee who has been
compelled to arbitrate claims under the PAGA still maintains standing to pursue
representative PAGA claims involving other employees arising out of events. A decision
from the California Supreme Court on that issue may come sometime in 2023.
Although California is the only state to have enacted this type of law so far, several
other states are considering their own similar private attorney general laws, including
New York, Washington, Oregon, New Jersey, and Connecticut. It will be crucial to
monitor state legislation on this topic given the impact such laws will have on class
litigation strategy.
330
© Duane Morris LLP 2023
Duane Morris Class Action Review – 2023
