Daily Journal Names BNB’s Luxottica Retail North America Case One of Five “Top Appellate Reversals”

In its annual list of the most impressive litigation victories, the Daily Journal named Blumenthal, Nordrehaug & Bhowmik’s work on behalf of Luxottica Retail North America employees one of five “Top Appellate Reversals” of 2015.  According to the Daily Journal, the “decision immediately altered the state's employment law landscape, affecting dozens of district court cases that include a Private Attorney General Act (“PAGA”) claim and accompanying defense motion to compel individual arbitration.”  

The Daily Journal further noted that the “ruling held employees may bring representative lawsuits under PAGA, even if a worker signed a contract stating he or she would individually arbitrate all grievances.” 

In an interview with the Daily Journal, BNB partner Kyle Nordrehaug, who argued the appeal for BNB, noted that, “The U.S. Supreme Court has held multiple times over the last 30 years that arbitration agreements cannot waive claims. Rather, arbitration agreements simply move the forum from court to arbitration.”

In addition to Nordrehaug, BNB’s Luxottica Retail North America litigation team included founding partner Norman Blumenthal and partner Aparajit Bhowmik.