Viking River Cruises v. Moriana decision will help curb frivolous litigation
WASHINGTON, D.C. (June 15, 2022) – The National Federation of Independent Business (NFIB) applauds today’s decision from the U.S. Supreme Court in the case Viking River Cruises, Inc., v. Angie Moriana. NFIB filed an amicus brief in the case urging the Court to reaffirm the Federal Arbitration Act’s (FAA) protection of individualized arbitration.
“Small businesses greatly benefit from arbitration as it is a fast and inexpensive way to solve business issues and avoid costly litigation,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “The Supreme Court’s affirmation that the FAA’s pro-arbitration mandate should apply to individual California Private Attorneys General Act (PAGA) claims will go a long way in protecting small businesses from an onslaught of PAGA litigation, including many frivolous lawsuits, brought under PAGA and similar state laws.”
The case questioned whether the FAA requires enforcement of bilateral arbitration agreements stipulating that an employee cannot raise representative claims, including under PAGA. Among other things, NFIB’s brief highlighted plaintiff bar abuse of PAGA to shakedown California employers.
The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.