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DIRECTV, Inc. v. Imburgia

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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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 21 2014Petition for a writ of certiorari filed. (Response due November 20, 2014)
Nov 14 2014Waiver of right of respondents Amy Imburgia, et al. to respond filed.
Nov 25 2014DISTRIBUTED for Conference of December 12, 2014.
Nov 25 2014Response Requested . (Due December 29, 2014)
Dec 15 2014Order extending time to file response to petition to and including January 28, 2014, for all respondents.
Jan 28 2015Brief of respondents Amy Imburgia, et al. in opposition filed.
Feb 10 2015Reply of petitioner DIRECTV, Inc. filed.
Feb 11 2015DISTRIBUTED for Conference of February 27, 2015.
Mar 2 2015DISTRIBUTED for Conference of March 6, 2015.
Mar 9 2015DISTRIBUTED for Conference of March 20, 2015.
Mar 23 2015Petition GRANTED.
Apr 27 2015Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
Apr 30 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 29, 2015.
Apr 30 2015The time to file respondents' brief on the merits is extended to and including July 17, 2015.
May 29 2015Joint appendix filed. (Statement of costs filed)
May 29 2015Brief of petitioner DIRECTV, Inc. filed.
Jun 1 2015Brief amicus curiae of Pacific Legal Foundation filed.
Jun 2 2015Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents.
Jun 4 2015Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Jun 5 2015Brief amicus curiae of Washington Legal Foundation filed.
Jun 5 2015Brief amicus curiae of Equal Employment Advisory Council filed.
Jun 5 2015Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jun 5 2015Brief amicus curiae of New England Legal Foundation filed.
Jun 5 2015Brief amici curiae of Atlantic Legal Foundation and the International Association of Defense Counsel filed.
Jul 17 2015The time to file respondent's brief on the merits is further extended to and including July 20, 2015.
Jul 20 2015Brief of respondents Amy Imburgia, et al. filed.
Jul 23 2015Brief amicus curiae of Michael Vachon filed. (Distributed)
Jul 24 2015Brief amicus curiae of William R. Weinstein filed.
Jul 24 2015Brief amici curiae of Arbitration and Contracts Scholars filed.
Jul 24 2015Brief amicus curiae of Public Citizen, Inc. filed.
Jul 24 2015Brief amici curiae of Law Professors Barbara Babcock, et al. filed.
Jul 24 2015Brief amicus curiae of Professor Peter Linzer filed.
Jul 24 2015Brief amici curiae of Law Professors David Dow, et al.filed.
Jul 24 2015Brief amici curiae of California Law Professors filed.
Jul 29 2015SET FOR ARGUMENT on Tuesday, October 6, 2015.
Jul 31 2015CIRCULATED.
Aug 11 2015Pursuant to Rule 29.6, a letter updating corporate disclosure statement was received from counsel for the petitioner DIRECTTV. (Distributed).
Aug 12 2015Record requested from Court of Appeal of California, Second Appellate District.
Aug 13 2015Reply of petitioner DIRECTV, Inc. filed. (Distributed)
Aug 26 2015Supplemental brief of respondents Amy Imburgia, et al. filed. (Distributed)
Aug 31 2015Supplemental response brief filed by petitioner DIRECTV, Inc. (Distributed)
Sep 17 2015Record received from Court of Appeal of Ca. Second Appellate Dist. (1- Box)
Oct 6 2015Argued. For petitioner: Christopher Landau, Washington, D. C. For respondents: Thomas C. Goldstein, Bethesda, Md.
Dec 14 2015Judgment 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 2015MANDATE ISSUED.
Jan 15 2016JUDGMENT ISSUED
Jan 15 2016MANDATE ISSUED