Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Sonic-Calabasas A, Inc. v. Moreno

Petition for certiorari denied on June 9, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-856 Cal. N/A N/A N/A N/A OT 2013

Issue: (1) Whether the Federal Arbitration Act preempts a California rule that would condition enforcement of arbitration agreements upon a pre-arbitration, judicial determination that the arbitration agreement, as applied, provides for judicially imposed standards for accessibility, informality, and affordability unique to certain statutory claims notwithstanding the U.S. Supreme Court’s recent prior decisions in AT&T Mobility LLC v. Concepcion (precluding states from requiring arbitration procedures inconsistent with the FAA, even if based on public policy considerations) and American Express Co. v. Italian Colors Restaurant (“the FAA’s command to enforce arbitration agreements trumps any interest in ensuring the prosecution of low-value claims”); and (2) whether the Federal Arbitration Act preempts California efforts to invent and apply a new unconscionability test (“unreasonably one-sided”), in lieu of the unconscionability test generally applicable in California (“shocks the conscience”), notwithstanding the plain language of Section 2 of the FAA that limits defenses to arbitration agreement enforcement to “such grounds as exist at law or in equity for the revocation of any contract” and precludes defenses to arbitration enforcement that apply uniquely to arbitration agreements.

SCOTUSblog Coverage

DateProceedings and Orders
Jan 15 2014Petition for a writ of certiorari filed. (Response due February 18, 2014)
Jan 21 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jan 29 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respodent.
Jan 30 2014Waiver of right of respondent Frank Moreno to respond filed.
Feb 12 2014DISTRIBUTED for Conference of February 28, 2014.
Feb 14 2014Brief amicus curiae of California New Car Dealers Association filed. (Distributed)
Feb 18 2014Brief amici curiae of The Employers Group, et al. filed. (Distributed)
Feb 18 2014Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
Feb 26 2014Response Requested . (Due March 28, 2014)
Mar 19 2014Order extending time to file response to petition to and including April 28, 2014.
Apr 28 2014Order further extending time to file response to petition to and including May 1, 2014.
May 1 2014Brief of respondent Frank Moreno in opposition filed.
May 16 2014Reply of petitioner Sonic-Calabasas A, Inc. filed.
May 20 2014DISTRIBUTED for Conference of June 5, 2014.
Jun 9 2014Petition DENIED.
 
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