Editor's Note :
In previous years, the Court released ... (click to view)
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
Op. Below Argument
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,” , is
preempted by the Federal Arbitration Act in light of
this Court’s decisions in Gentry v. Superior Court of L.A. County and AT&T Mobility LLC v. Concepcion . American Express Co. v. Italian Colors Restaurant SCOTUSblog Coverage
Date Proceedings and Orders Oct 8 2013 Petition for a writ of certiorari filed. (Response due November 7, 2013) Oct 24 2013 Waiver of right of respondents John Wade Fowler, et al. to respond filed. Oct 28 2013 Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioners Oct 28 2013 Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondents. Nov 4 2013 DISTRIBUTED for Conference of November 26, 2013. Nov 7 2013 Brief amicus curiae of California New Car Dealers Asociation filed. (Distributed) Nov 7 2013 Brief amici curiae of Equal Employment Advisory Council, et al. filed. (Distributed) Nov 18 2013 Response Requested . (Due December 18, 2013) Dec 4 2013 Order extending time to file response to petition to and including January 17, 2014. Jan 17 2014 Brief of respondents John Wade Fowler, et al. in opposition filed. Feb 5 2014 DISTRIBUTED for Conference of February 21, 2014. Feb 5 2014 Reply of petitioners CarMax Auto Superstores California, LLC, et al. filed. (Distributed) Feb 24 2014 Petition 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 2014 MANDATE ISSUED.