E. & J. Gallo Winery, et al. v. Refugio Arreguin

This case presents a Federal Arbitration Act question that:  this Court was unable to resolve definitively in Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003); see id. at 447-54 (plurality opinion of Breyer, J.);  this Court twice thereafter has noted remains open, see Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 680 (2010); Oxford Health Plans LLC v. Sutter, 569 U.S. 564, 569 n.2 (2013); and  the California Supreme Court now has resolved contrary to the decisions of five United States circuit courts of appeals. The question: Whether a court, or an arbitrator, decides whether an arbitration agreement permits class arbitration. The California Supreme Court assigned the question to the arbitrator. By contrast, the Third, Fourth, Sixth, Eighth and Ninth circuits have held that the FAA assigns the question to the court as a “gateway” question of arbitrability. This Court should grant certiorari to resolve the conflict in the cases on an important question under the FAA.