NFIB Calls for Uniform Arbitration Laws in Supreme Court Amicus Brief

Date: February 07, 2022

Viking River Cruises v. Moriana concerns federal and state arbitration laws

WASHINGTON, D.C. (Feb. 7, 2022) – The National Federation of Independent Business (NFIB), the nation’s leading small business advocacy organization, filed an amicus brief in the case Viking River Cruises, Inc., v. Angie Moriana at the U.S. Supreme Court in support of Viking River Cruises Inc. NFIB urges the Supreme Court to reverse the lower court’s decision to ensure that the Federal Arbitration Act’s (FAA) pro-arbitration mandate applies uniformly nationwide.

“Arbitration is a fast and inexpensive way for small business owners to resolve issues and avoid costly litigation in court,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “Small businesses suffer when federal and state laws contradict, as highlighted in this case. It is important that the Supreme Court rejects the Ninth Circuit’s decision and allows a consistent and dependable pro-arbitration mandate.”

The case questions whether the FAA requires enforcement of bilateral arbitration agreements stipulating that an employee cannot raise representative claims, including under the California Private Attorneys General Act (PAGA). NFIB argues that the Supreme Court should reaffirm the FAA’s protection of individualized arbitration and hold that the FAA preempts California’s state-law rule barring waiver of representative PAGA claims.

NFIB filed the amicus brief with the U.S. Chamber of Commerce and the California Chamber of Commerce.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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