Wing v. Chico Healthcare & Wellness Cntr., No. B310232 (D2d5 Apr. 28, 2022)
Leshane v. Tracy VW, Inc., No. C093881 (D3 Apr. 29, 2022)
In two cases over two days, the Court of Appeal affirms denials of motions to compel arbitration of claims based in the rule in Iskanian, finding, as other court of appeal decisions have held, that the Iskanian rule survives the U.S. Supreme Court’s intervening rulings in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018) and Kindred Nursing Centers Ltd. Partnership v. Clark, 137 S. Ct. 1421 (2017).
What the Court in these cases doesn’t say is that that the Supreme Court recently heard a direct attack on Iskanian in Viking River Cruises v. Moriana. From the sound of the argument, it’s not long for the world.
Affirmed.
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