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Lamps Plus Inc. v. Varela

Docket No.17-988
Op. Below9th Cir.
ArgumentOct 29, 2018

Holding

Under the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding that the parties agreed to submit to class arbitration.

Judgment

Reversed and remanded, 5-4, in an opinion by John Roberts on Apr 24, 2019. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer and Sotomayor joined. Justices Breyer and Sotomayor filed dissenting opinions. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg and Breyer joined, and in which Justice Sotomayor joined as to Part II.

Proceedings & orders timeline

Nov 22, 2017
Application (17A577) to extend the time to file a petition for a writ of certiorari from December 10, 2017 to January 10, 2018, submitted to Justice Kennedy.
Nov 28, 2017
Application (17A577) granted by Justice Kennedy extending the time to file until January 10, 2018.
Jan 10, 2018
Petition for a writ of certiorari filed. (Response due February 12, 2018)
Feb 6, 2018
Motion to extend the time to file a response from February 12, 2018 to March 14, 2018, submitted to The Clerk.
Feb 8, 2018
Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2018.
Feb 12, 2018
Brief amicus curiae of Chamber of Commerce of the United States America filed.
Mar 14, 2018
Brief of respondent Frank Varela in opposition filed.
Mar 28, 2018
DISTRIBUTED for Conference of 4/13/2018.
Mar 28, 2018
Reply of petitioners Lamps Plus, Inc., et al. filed. (Distributed)
Apr 16, 2018
DISTRIBUTED for Conference of 4/20/2018.
Apr 23, 2018
DISTRIBUTED for Conference of 4/27/2018.
Apr 30, 2018
Petition GRANTED.
Jun 4, 2018
Motion for an extension of time to file the joint appendix and the opening briefs on the merits filed.
Jun 8, 2018
Motion to extend the time to file the joint appendix the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 9, 2018. The time to file respondent's brief on the merits is extended to and including August 30, 2018.
Jul 9, 2018
Joint appendix filed. (Statement of costs filed)
Jul 9, 2018
Brief of petitioners Lamps Plus, Inc., et al. filed.
Jul 13, 2018
Brief amicus curiae of DRI–The Voice of the Defense Bar filed.
Jul 13, 2018
Brief amicus curiae of New England Legal Foundation filed.
Jul 16, 2018
Brief amicus curiae of Retail Litigation Center, Inc. filed.
Jul 16, 2018
Brief amicus curiae of Center for Workplace Compliance filed.
Jul 16, 2018
Brief amicus curiae of Chamber of Commerce of the United States America filed.
Aug 20, 2018
SET FOR ARGUMENT on Monday, October 29 2018
Aug 30, 2018
Brief of respondent Frank Varela filed.
Sep 6, 2018
Brief amici curiae of Contract Law Scholars filed.
Sep 6, 2018
Brief amicus curiae of American Association for Justice filed.
Sep 10, 2018
Record requested from the U.S.C.A. 9th Circuit.
Sep 12, 2018
CIRCULATED
Oct 1, 2018
Reply of petitioners Lamps Plus, Inc., et al. filed. (Distributed)
Oct 29, 2018
Argued. For petitioners: Andrew J. Pincus, Washington, D. C. For respondent: Michele M. Vercoski, Ontario, Cal.
Apr 24, 2019
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J. filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. Breyer, J., and Sotomayor, J., filed dissenting opinions. Kagan, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, and in which Sotomayor, J., joined as to Part II.
May 28, 2019
JUDGMENT ISSUED.

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