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- Lamps Plus v. Varela
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
- Petition for Certiorari, January 2018
- Brief in Opposition, March 2018
- Reply Brief, March 2018
- Petition Granted, April 2018
- Petitioner's Opening Brief, July 2018
- RLC Amicus Brief, July 2018