Supreme Court of the United States · Official docket →
Comcast Cable Communications, LLC v. Charles Ramsey
Paid petition · Court of Appeal of California, Sixth Appellate District, No. H049949 · judgment December 29, 2023
Before the decision, about 3.4× 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 dissent in the court below (flagged in the petition).
Question presented
Under the Federal Arbitration Act (FAA), arbitration agreements are “valid, irrevocable, and enforceable.” 9 U.S.C. § 2. Section 2’s “saving clause” contemplates exceptions only “upon such grounds as exist at law or in equity for the revocation of any contract.” Id. But the FAA preempts even such grounds if they interfere with “fundamental attribute[s] of arbitration.” Epic Sys. Corp. v. Lewis, 584 U.S. 497, 508 (2018). In 2017, the California Supreme Court ruled that an arbitration provision waiving the ability to seek “public injunctive relief” in any forum is unenforceable. McGill v. Citibank, N.A., 393 P.3d 85 (Cal. 2017). More recently, the California courts have held that to trigger that rule, a plaintiff need only request an injunction under California’s Unfair Competition Law (UCL) or Consumers Legal Remedies Act (CLRA). The McGill rule thus renders standard arbitration agreements unenforceable under California law when a consumer-plaintiff seeks to enjoin virtually any allegedly unlawful business practice. The Ninth Circuit has held that the FAA would preempt such a sweeping rule—resulting in a square federal-state conflict. The question presented is: Whether the FAA preempts California’s McGill rule. (i)
Counsel of record
For petitioner
Pratik Arvind Shah
Akin Gump Strauss Hauer & Feld, LLP
For respondent
Nicolas Anthony Sansone
Public Citizen Litigation Group
Proceedings
- Jan 13 2025Petition DENIED.
- Jan 07 2025Supplemental brief of petitioner Comcast Cable Communications, LLC filed. (Distributed)
- Dec 11 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 11 2024Reply of petitioner Comcast Cable Communications, LLC filed. (Distributed)
- Nov 27 2024Brief of respondent Charles Ramsey in opposition filed.
- Oct 31 2024Brief amicus curiae of Retail Litigation Center Inc. filed.
- Oct 28 2024Brief amicus curiae of Washington Legal Foundation filed.
- Oct 04 2024Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2024.
- Oct 03 2024Motion to extend the time to file a response from October 31, 2024 to December 2, 2024, submitted to The Clerk.
- Sep 27 2024Petition for a writ of certiorari filed. (Response due October 31, 2024)
- Aug 05 2024Application (23A1102) granted by Justice Kagan extending the time to file until September 27, 2024.
- Jul 26 2024Application (23A1102) to extend further the time from August 29, 2024 to September 27, 2024, submitted to Justice Kagan.
- Jun 11 2024Application (23A1102) granted by Justice Kagan extending the time to file until August 29, 2024.
- Jun 07 2024Application (23A1102) to extend the time to file a petition for a writ of certiorari from July 30, 2024 to August 29, 2024, submitted to Justice Kagan.