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Shepard's Citation Guide Part 3: A Case Study

October 07, 2022 (2 min read)

The law is fluid, changing over time with new rulings and precedents. The following case study demonstrates how attorneys are using Shepard’s® Citator to quickly see how the new Supreme Court ruling regarding the Federal Arbitration Act will impact their labor and employment cases. Know which state-law claims are likely to be allowed to proceed in court before you file, saving yourself (and your clients) time and money.  

The Case 

In the 2022 Supreme Court session, the Court issued a ruling that impacted the Federal Arbitration Act (FAA). In Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906, the Court held that an employee was required to arbitrate claims brought under California’s Labor Code Private Attorneys General Act (PAGA). This decision continued a trend in which the Court has interpreted the FAA to pre-empt state-law contract rules and procedural mechanisms.  

The Issue 

Given the prevalence of mandatory arbitration provisions in all manner of consumer and employment contracts in the market today, it is becoming vitally important for litigators to understand the implications of this evolving FAA jurisprudence for their clients. Now more than ever, attorneys need to know before they file (or settle) which state-law claims are likely to be allowed to proceed in court, and which are likely to be forced into arbitration instead.  

How Shepard’s Citation Service Can Help  

Shepard’s® Citation Service gives attorneys unique visual insights needed to quickly determine whether and how the courts in their jurisdiction have analyzed Viking River. Shepard’s Citing Decision Analysis organizes citing decisions by jurisdiction so attorneys can quickly cite FAA opinions and see relevant decisions from their jurisdiction.  

Example of Shepard's Grid View 

Shepard’s® color-coded signals take the analysis one step further to reveal what kind of treatment a particular case has received in that jurisdiction, enabling attorneys to identify citing patterns, splits in authority, and possible arguments for applying or distinguishing case law.  

Generations of attorneys have relied LexisNexis® and Shepard’s citator—the legal industry’s original analytical tool. Discover powerful insights on Lexis+ and try Shepard’s citator for yourself. Ready to get started? 

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