Supreme Court of the United States · Official docket →
Five Star Senior Living Inc., fka Five Star Quality Care, Inc. v. Lourdes Lefevre
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-55059 · judgment December 6, 2017
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner.
Questions presented
The questions presented are identical to the questions presented in Petitioner Five Star Senior Living Inc.’s petition for a writ of certiorari filed in Five Star Senior Living Inc. and FVE Managers, Inc. v. Melinda Mandviwala, No. 17-1357.
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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 Federal Arbitration Act (“FAA”) because the rule discriminates against arbitration agreements.
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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
Alan I. Schimmel
Schimmel & Parks, APLC
Proceedings
- Oct 01 2018Petition DENIED.
- Jul 03 2018DISTRIBUTED for Conference of 9/24/2018.
- Jun 29 2018Reply of petitioner Five Star Senior Living Inc. filed. (Distributed)
- Jun 14 2018Brief of respondent Lourdes LeFevre in opposition filed.
- May 17 2018Motion to extend the time to file a response is granted and the time is extended to and including June 15, 2018.
- May 11 2018Motion to extend the time to file a response from May 25, 2018 to June 15, 2018, submitted to The Clerk.
- Apr 20 2018Petition for a writ of certiorari filed. (Response due May 25, 2018)
- Feb 27 2018Application (17A906) granted by Justice Kennedy extending the time to file until April 20, 2018.
- Feb 23 2018Application (17A906) to extend the time to file a petition for a writ of certiorari from March 6, 2018 to April 20, 2018, submitted to Justice Kennedy.