|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-462||Cal. Ct. App.||Oct 6, 2015||Dec 14, 2015||6-3||Breyer||OT 2015|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.
Holding: Because the California Court of Appeal’s interpretation of a service agreement that included a binding arbitration provision with a class arbitration waiver – which specified that the entire arbitration provision was unenforceable if the “law of your state” made class-arbitration waivers unenforceable, but also declared that the arbitration clause was governed by the Federal Arbitration Act – is pre-empted by the Federal Arbitration Act, that court must enforce the arbitration agreement.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Breyer on December 14, 2015. Justice Thomas filed a dissenting opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.
|Date||Proceedings and Orders |
|Oct 21 2014||Petition for a writ of certiorari filed. (Response due November 20, 2014)|
|Nov 14 2014||Waiver of right of respondents Amy Imburgia, et al. to respond filed.|
|Nov 25 2014||DISTRIBUTED for Conference of December 12, 2014.|
|Nov 25 2014||Response Requested . (Due December 29, 2014)|
|Dec 15 2014||Order extending time to file response to petition to and including January 28, 2014, for all respondents.|
|Jan 28 2015||Brief of respondents Amy Imburgia, et al. in opposition filed.|
|Feb 10 2015||Reply of petitioner DIRECTV, Inc. filed.|
|Feb 11 2015||DISTRIBUTED for Conference of February 27, 2015.|
|Mar 2 2015||DISTRIBUTED for Conference of March 6, 2015.|
|Mar 9 2015||DISTRIBUTED for Conference of March 20, 2015.|
|Mar 23 2015||Petition GRANTED.|
|Apr 27 2015||Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.|
|Apr 30 2015||The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 29, 2015.|
|Apr 30 2015||The time to file respondents' brief on the merits is extended to and including July 17, 2015.|
|May 29 2015||Joint appendix filed. (Statement of costs filed)|
|May 29 2015||Brief of petitioner DIRECTV, Inc. filed.|
|Jun 1 2015||Brief amicus curiae of Pacific Legal Foundation filed.|
|Jun 2 2015||Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents.|
|Jun 4 2015||Brief amicus curiae of DRI - The Voice of the Defense Bar filed.|
|Jun 5 2015||Brief amicus curiae of Washington Legal Foundation filed.|
|Jun 5 2015||Brief amicus curiae of Equal Employment Advisory Council filed.|
|Jun 5 2015||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Jun 5 2015||Brief amicus curiae of New England Legal Foundation filed.|
|Jun 5 2015||Brief amici curiae of Atlantic Legal Foundation and the International Association of Defense Counsel filed.|
|Jul 17 2015||The time to file respondent's brief on the merits is further extended to and including July 20, 2015.|
|Jul 20 2015||Brief of respondents Amy Imburgia, et al. filed.|
|Jul 23 2015||Brief amicus curiae of Michael Vachon filed. (Distributed)|
|Jul 24 2015||Brief amicus curiae of William R. Weinstein filed.|
|Jul 24 2015||Brief amici curiae of Arbitration and Contracts Scholars filed.|
|Jul 24 2015||Brief amicus curiae of Public Citizen, Inc. filed.|
|Jul 24 2015||Brief amici curiae of Law Professors Barbara Babcock, et al. filed.|
|Jul 24 2015||Brief amicus curiae of Professor Peter Linzer filed.|
|Jul 24 2015||Brief amici curiae of Law Professors David Dow, et al.filed.|
|Jul 24 2015||Brief amici curiae of California Law Professors filed.|
|Jul 29 2015||SET FOR ARGUMENT on Tuesday, October 6, 2015.|
|Jul 31 2015||CIRCULATED.|
|Aug 11 2015||Pursuant to Rule 29.6, a letter updating corporate disclosure statement was received from counsel for the petitioner DIRECTTV. (Distributed).|
|Aug 12 2015||Record requested from Court of Appeal of California, Second Appellate District.|
|Aug 13 2015||Reply of petitioner DIRECTV, Inc. filed. (Distributed)|
|Aug 26 2015||Supplemental brief of respondents Amy Imburgia, et al. filed. (Distributed)|
|Aug 31 2015||Supplemental response brief filed by petitioner DIRECTV, Inc. (Distributed)|
|Sep 17 2015||Record received from Court of Appeal of Ca. Second Appellate Dist. (1- Box)|
|Oct 6 2015||Argued. For petitioner: Christopher Landau, Washington, D. C. For respondents: Thomas C. Goldstein, Bethesda, Md.|
|Dec 14 2015||Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Alito, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined.|
|Dec 14 2015||MANDATE ISSUED.|
|Jan 15 2016||JUDGMENT ISSUED|
|Jan 15 2016||MANDATE ISSUED|
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