What’s Wrong With That Footnote? It’s Only Seven Words Long!
Today the Supreme Court decided Viking River Cruises v. Moriana, yet another Federal Arbitration Act (FAA) case. The justices split 8-1 on the judgment, concluding that the FAA “preempts a rule of California law that invalidates contractual waivers of the right to assert representative claims under California’s Labor Code Private Attorneys General Act of 2004.”
Justice Alito wrote the opinion for the Court, but there was some splintering on the rationale. Justices Breyer, Sotomayor, Kagan, and Gorsuch joined Alito’s opinion in full. The Chief Justice and Justices Kavanaugh and Barrett joined it in pa
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