The U.S. Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a former employee’s nonindividual Private Attorneys General Act claims against Lowe’s, determining that a recent California Supreme Court decision corrected a U.S. Supreme Court decision the lower court relied on.
The court affirmed the district court’s order compelling former Lowe’s employee Maria Johnson to arbitrate her individual claims brought under California’s PAGA, but vacated the lower court’s dismissal of her nonindividual PAGA claims, due to the California Supreme Court’s 2023 decision in Adolph v. Uber Technologies, which was decided while the present case was on appeal.
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