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Uber Technologies, Inc., et al. v. California, et al.

Paid petition · Court of Appeal of California, First Appellate District, No. A166355 · judgment September 28, 2023


Certiorari denied · October 7, 2024
Pre-decision estimate: 8% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a business petitioner.

Question presented

The Federal Arbitration Act (FAA) requires the enforcement of “‘terms that specify with whom the parties choose to arbitrate their disputes.’” Epic Systems Corp. v. Lewis, 584 U.S. 497, 506 (2018). In EEOC v. Waffle House, Inc., 534 U.S. 279 (2002), this Court held that a federal agency could (pursuant to a federal statute) seek individualized relief in court against an employer in relation to an employee that had signed a valid arbitration agreement. That decision harmonized two co-equal federal statutes. In this case, the California Court of Appeal joined the courts of five other States in reading Waffle House to permit state officials to seek individualized relief on behalf of people who agreed to submit their claims for such relief to arbitration—an extension of Waffle House that conflicts with decisions of the Third and Ninth Circuits, as well as this Court’s long line of decisions establishing that the FAA preempts “state-law rules that stand as an obstacle to the accomplishment of [its] objectives.” AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 343 (2011). The question presented is: Does the FAA allow state officials to litigate claims for monetary relief on behalf of people who agreed to arbitrate those claims?

Counsel of record

For petitioner
Theane D. Evangelis
Gibson, Dunn & Crutcher LLP

For respondent
Joshua A. Klein
California Department of Justice

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Related
Vide, 23-1132

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jul 10 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jul 10 2024
    Reply of petitioners Uber Technologies, Inc., et al. filed. (Distributed)
  4. Jun 20 2024
    Brief of respondents California, et al. in opposition filed. VIDED.
  5. May 20 2024
    Brief amici curiae of Retail Litigation Center, Inc., et al. VIDED.
  6. May 20 2024
    Brief amicus curiae of Professor George A. Bermann filed. VIDED.
  7. May 20 2024
    Brief amicus curiae of California Employment Law Council filed.
  8. May 09 2024
    Motion to extend the time to file a response is granted and the time is extended to and including June 20, 2024, for all respondents. See Rule 30.1.
  9. May 08 2024
    Motion to extend the time to file a response from May 20, 2024 to June 19, 2024, submitted to The Clerk.
  10. Apr 16 2024
    Petition for a writ of certiorari filed. (Response due May 20, 2024)