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Lamps Plus, Inc., et al. v. Frank Varela

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56085 · judgment August 3, 2017

Decided · April 24, 2019
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

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.

Question presented

In Stolt-Nielsen, S.A. v. AnimalFeeds International Corp. this Court held that a court could not order arbitration to proceed using class procedures unless there was a "contractual basis" for concluding that the parties have "agreed to" class arbitration. 559 U.S. 662, 684 (2010) (emphasis in original). This Court explained that courts may not "presume" such consent from "mere silence on the issue of class arbitration" or "from the fact of the parties' agreement to arbitrate." Id. at 685, 687. The arbitration clause at issue here did not mention class arbitration. A divided Ninth Circuit panel majority (Reinhardt & Wardlaw, JJ.) nonetheless inferred mutual assent to class arbitration from such standard language as the parties' agreement that "arbitration shall be in lieu of any and all lawsuits or other civil legal proceedings" and a description of the substantive claims subject to arbitration. App., infra, 3a-4a. The question presented is: Whether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that would authorize class arbitration based solely on general language commonly used in arbitration agreements.

Counsel of record

For petitioner
Andrew John Pincus
Mayer Brown LLP

For respondent
Michele M. Vercoski
McCune Wright Arevalo

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 7 merits
(5 supporting pet./neither, 2 respondent)

Argument & decision

Argued October 29, 2018 — Andrew J. Pincus · Michele M. Vercoski. Audio and transcript

Decided April 24, 2019. Opinion by Roberts, C.J..

Proceedings

  1. May 28 2019
    JUDGMENT ISSUED.
  2. 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.
  3. Oct 29 2018
    Argued. For petitioners: Andrew J. Pincus, Washington, D. C. For respondent: Michele M. Vercoski, Ontario, Cal.
  4. Oct 01 2018
    Reply of petitioners Lamps Plus, Inc., et al. filed. (Distributed)
  5. Sep 12 2018
    CIRCULATED
  6. Sep 10 2018
    Record requested from the U.S.C.A. 9th Circuit.
  7. Sep 06 2018
    Brief amici curiae of Contract Law Scholars filed.
  8. Sep 06 2018
    Brief amicus curiae of American Association for Justice filed.
  9. Aug 30 2018
    Brief of respondent Frank Varela filed.
  10. Aug 20 2018
    SET FOR ARGUMENT on Monday, October 29 2018
  11. Jul 16 2018
    Brief amicus curiae of Retail Litigation Center, Inc. filed.
  12. Jul 16 2018
    Brief amicus curiae of Center for Workplace Compliance filed.
  13. Jul 16 2018
    Brief amicus curiae of Chamber of Commerce of the United States America filed.
  14. Jul 13 2018
    Brief amicus curiae of DRI–The Voice of the Defense Bar filed.
  15. Jul 13 2018
    Brief amicus curiae of New England Legal Foundation filed.
  16. Jul 09 2018
    Joint appendix filed. (Statement of costs filed)
  17. Jul 09 2018
    Brief of petitioners Lamps Plus, Inc., et al. filed.
  18. Jun 08 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.
  19. Jun 04 2018
    Motion for an extension of time to file the joint appendix and the opening briefs on the merits filed.
  20. Apr 30 2018
    Petition GRANTED.
  21. Apr 23 2018
    DISTRIBUTED for Conference of 4/27/2018.
  22. Apr 16 2018
    DISTRIBUTED for Conference of 4/20/2018.
  23. Mar 28 2018
    DISTRIBUTED for Conference of 4/13/2018.
  24. Mar 28 2018
    Reply of petitioners Lamps Plus, Inc., et al. filed. (Distributed)
  25. Mar 14 2018
    Brief of respondent Frank Varela in opposition filed.
  26. Feb 12 2018
    Brief amicus curiae of Chamber of Commerce of the United States America filed.
  27. Feb 08 2018
    Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2018.
  28. Feb 06 2018
    Motion to extend the time to file a response from February 12, 2018 to March 14, 2018, submitted to The Clerk.
  29. Jan 10 2018
    Petition for a writ of certiorari filed. (Response due February 12, 2018)
  30. Nov 28 2017
    Application (17A577) granted by Justice Kennedy extending the time to file until January 10, 2018.
  31. 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.
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