Lamps Plus v. Varela

  • Court: U.S. Supreme Court
  • Issue: Arbitration
  • Status: Oral Argument: October 2018
  • Term: October 2018
  • Oral Argument:
  • Vote:
  • Opinion:
  • Lower Court: U.S. Court of Appeals for the Ninth Circuit

Question Presented:

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.

RLC's Position:

The Retail Litigation Center filed an amicus brief on the merits asking the U.S. Supreme Court to adopt a high standard, that unless the agreement includes “clear and unmistakable” language indicating that the parties had agreed to class arbitration, it should not be constructed as such, when an arbitration agreement should be interpreted to permit class arbitration. The brief also recommends that the Court recognize that the agreement should also include “clear and unmistakable” language recognizing that the employee could be part of an opt-out class. 

Case Outcome: TBD

Procedural History & Case Documents

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