Iskanian Not Pre-empted by FAA: Ninth Circuit | Practical Law
In Sakkab v. Luxottica Retail North America, Inc., the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) does not preempt the rule announced by the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC that representative claims brought under California's Private Attorney General Act (PAGA) cannot be waived. The Ninth Circuit found that the Iskanian rule could stand because it was not an impediment to the FAA's objectives.