Litigation

Ca. Litig. Rev. 2023

ALTERNATIVE DISPUTE RESOLUTION UPDATE

Written by Paul J. Dubow*

In 2023, the United States Supreme Court issued just one ADR-related decision, down from the record five decisions issued in 2022. In contrast, the California Supreme Court ended its two-year drought and published two decisions. The Ninth Circuit issued sixteen ADR-related decisions, four more than in 2022. One of the Ninth Circuit decisions involved mediation and was the sole appellate mediation decision in 2023. The Court of Appeal issued 47 decisions, one less than 2022. A discussion of the three decisions issued by the two high courts and some significant intermediate appellate court decisions follows.

THE PRIVATE ATTORNEYS GENERAL ACT

In Adolph v. Uber Technologies, Inc.,1 the California Supreme Court largely resolved one of the last issues concerning the arbitration of disputes alleging a violation of the Private Attorneys General Act.2 That issue was whether a PAGA plaintiff whose individual claim was ordered to arbitration had standing to pursue a representative claim in court.

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