Supreme Court of the United States · Official docket →

Five Star Senior Living Inc., fka Five Star Quality Care, Inc., et al. v. Melinda Mandviwala

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-55084 · judgment February 2, 2018

Certiorari denied · June 25, 2018

Pre-decision estimate: 11% cert probability (95% interval 7%–16%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).

Questions presented

This Court has made clear that the Federal Arbitration Act (“FAA”) preempts state rules that (1) discriminate against arbitration agreements or (2) thwart the objectives of the FAA. The questions presented are:

Whether a California rule that prohibits the enforcement of arbitration agreements with respect to representative employment claims under California’s Private Attorneys General Act (“PAGA”), and that is applied to no other type of agreement, is preempted by the FAA because the rule discriminates against arbitration agreements.
Whether a California rule that prohibits the enforcement of arbitration agreements with respect to representative employment claims under PAGA is preempted by the FAA because the rule eviscerates bilateral arbitration agreements and thereby thwarts the objectives of the FAA. (i)

Counsel of record

For petitioner
Clifford M. Sloan
Georgetown University Law Center

For respondent
Scott Lawrence Nelson
Public Citizen Litigation Group

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

Jun 25 2018
Petition DENIED.
Jun 05 2018
DISTRIBUTED for Conference of 6/21/2018.
Jun 01 2018
Reply of petitioners Five Star Senior Living Inc. and FVE Managers, Inc. filed.
May 22 2018
Brief of respondent Melinda Mandviwala in opposition filed.
Apr 26 2018
Brief amici curiae of The Chamber of Commerce of the United States, et al. filed.
Apr 17 2018
Motion to extend the time to file a response is granted and the time is extended to and including May 22, 2018.
Apr 13 2018
Motion to extend the time to file a response from April 26, 2018 to May 22, 2018, submitted to The Clerk.
Mar 26 2018
Petition for a writ of certiorari filed. (Response due April 26, 2018)