1. This case presents an important question concerning the Federal Arbitration Act (FAA). In Viking River Cruises, Inc. v. Moriana, 596 U.S. 639 (2022), this Court held that the FAA preempts California law "insofar as it precludes division of" actions brought under the California Labor Code Private Attorneys General Act (PAGA) "into individual and non-individual claims through an agreement to arbitrate." Id. at 662. This Court explained that the individual PAGA claim must be severed from the non-individual claims and "committed to a separate proceeding" for arbitration. Id. at 663. Following Viking River, however, the California Supreme Court held that PAGA claims constitute "a single action" in which the individual PAGA claim compelled to arbitration remains in court for the purpose of allowing a plaintiff to establish statutory standing to pursue the non-individual claims. Adolph v. Uber Technologies, Inc., 532 P.3d 682, 695 (Cal. 2023). The Ninth Circuit in this case upheld Adolph against applicant's FAA preemption challenge. App., infra, 9a-11a.

Whether the Federal Arbitration Act preempts a state court interpretation that allows a plaintiff to maintain non-individual Private Attorneys General Act claims in court while arbitrating an individual claim