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CarMax Auto Superstores California, LLC v. Fowler

Petition granted, judgment vacated and case remanded for further consideration in light of American Express Co. v. Italian Colors Restaurant on February 24, 2014

Docket No.13-439
Op. BelowCal.

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," Gentry v. Superior Court of L.A. County, is preempted by the Federal Arbitration Act in light of this Court"s decisions in AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant.

Proceedings & orders timeline

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.

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