Viking River Cruises, Inc. v. Moriana

Angie Moriana worked as a sales representative for Viking River Cruises, Inc., and agreed to submit any dispute arising out of her employment to binding arbitration. Notwithstanding that agreement, Moriana sued Viking on behalf of herself and similarly situated workers under California’s Labor Code Private Attorneys General Act of 2004 (PAGA). Moriana relied on a 2014 decision by the California Supreme Court, Iskanian v. CLS Transportation Los Angeles, which held arbitration agreements that waive the right to bring PAGA representative actions in any forum (such as the one between Moriana and Viking) are unenforceable. Viking moved to compel Moriana’s claims to arbitration, arguing that the U.S. Supreme Court’s 2018 decision in Epic Systems Corp. v. Lewis overruled Iskanian. The trial court denied Viking’s motion. The appellate court affirmed. The Court held that the FAA preempts the rule of Iskanian insofar as it precludes division of P-A-G-A actions into individual and non-individual claims through an agreement to arbitrate. Justice Alito delivered the opinion of the Court, in which Justices Breyer, Sotomayor, Kagan, and Gorsuch joined. Chief Justice Roberts joined as to Parts 1 and 2. Justices Kavanaugh and Barrett joined as to Part 3. Justice Sotomayor filed a concurring opinion. Justice Barrett filed an opinion concurring in part and concurring in the judgment, in which Justice Kavanaugh and in which Chief Justice Roberts joined as to all but the footnote. Justice Thomas filed a dissenting opinion. Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at: https://www.oyez.org/cases/2021/20-1573