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Comcast Corp. v. Tillage

Petition for certiorari denied on June 1, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-1066 9th Cir. N/A N/A N/A N/A OT 2019

Issues: Whether the Supreme Court of California's rule from McGill v. Citibank, N.A. – that provisions in predispute arbitration agreements waiving the parties’ right to seek “public injunctive relief” in any forum are contrary to California public policy and unenforceable – falls outside the Federal Arbitration Act’s saving clause because it is not a ground that “exist[s] at law or in equity” for the “revocation” of any contract; and (2) whether, even if the McGill rule falls within the FAA’s saving clause, it is otherwise preempted by the FAA because it interferes with fundamental attributes of arbitration by negating the parties’ agreement to resolve their dispute bilaterally.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 27 2020Petition for a writ of certiorari filed. (Response due March 30, 2020)
Mar 04 2020Letter of March 4, 2020 from counsel for petitioners received.
Mar 09 2020Blanket Consent filed by Petitioners, Comcast Corporation, et al.
Mar 18 2020Motion to extend the time to file a response from March 30, 2020 to April 24, 2020, submitted to The Clerk.
Mar 19 2020Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2020.
Mar 24 2020Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Mar 25 2020Brief amicus curiae of CTIA - The Wireless Association filed. VIDED.
Mar 26 2020Brief amici curiae of American Bankers Association; Consumer Bankers Association filed. VIDED.
Mar 27 2020Brief amicus curiae of DRI-The Voice of the Defense Bar filed. VIDED.
Mar 30 2020Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Apr 24 2020Brief of respondents Charles Tillage, et al. in opposition filed.
May 11 2020Reply of petitioners Comcast Corporation, et al. filed.
May 12 2020DISTRIBUTED for Conference of 5/28/2020.
Jun 01 2020Petition DENIED.