Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

CarMax Auto Superstores California, LLC v. Fowler

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
13-439 Cal. TBD TBD TBD TBD TBD

Issue: Whether California’s “Gentry rule” – under which class-action waivers in employment arbitration agreements are invalid if “a class arbitration is likely to be a significantly more effective practical means of vindicating the rights of the affected employees than individual litigation or arbitration,” Gentry v. Superior Court of L.A. County, is preempted by the Federal Arbitration Act in light of this Court’s decisions in AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 8 2013Petition for a writ of certiorari filed. (Response due November 7, 2013)
Oct 24 2013Waiver of right of respondents John Wade Fowler, et al. to respond filed.
Oct 28 2013Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioners
Oct 28 2013Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondents.
Nov 4 2013DISTRIBUTED for Conference of November 26, 2013.
Nov 7 2013Brief amicus curiae of California New Car Dealers Asociation filed. (Distributed)
Nov 7 2013Brief amici curiae of Equal Employment Advisory Council, et al. filed. (Distributed)
Nov 18 2013Response Requested . (Due December 18, 2013)
Dec 4 2013Order extending time to file response to petition to and including January 17, 2014.
Jan 17 2014Brief of respondents John Wade Fowler, et al. in opposition filed.
Feb 5 2014DISTRIBUTED for Conference of February 21, 2014.
Feb 5 2014Reply of petitioners CarMax Auto Superstores California, LLC, et al. filed. (Distributed)
Feb 24 2014Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of American Express Co. v. Italian Colors Restaurant, 570 U. S. ___ (2013).
Mar 28 2014MANDATE ISSUED.
 
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