Lamps Plus Inc. v. Varela
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-988 | 9th Cir. | Oct 29, 2018 | Apr 24, 2019 | 5-4 | Roberts | OT 2018 |
Holding: Under the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding that the parties agreed to submit to class arbitration.
Judgment: Reversed and remanded, 5-4, in an opinion by Chief Justice Roberts on April 24, 2019. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer and Sotomayor joined. Justices Breyer and Sotomayor filed dissenting opinions. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg and Breyer joined, and in which Justice Sotomayor joined as to Part II.
SCOTUSblog Coverage
- Opinion analysis: The meaning of consent to class arbitration (Charlotte Garden, April 25, 2019)
- OT2018 #5: "Arbitration Nation" (First Mondays, October 31, 2018)
- Argument analysis: The familiar divide in arbitration cases re-emerges (Charlotte Garden, October 30, 2018)
- Argument preview: How should courts decide if parties to an arbitration contract may aggregate their claims? (Charlotte Garden, October 22, 2018)
- OT2017 #24: "Kudos To Whoever Did This" (First Mondays, May 7, 2018)
- Justices add three new cases to next term’s docket (Amy Howe, April 30, 2018)
| Date | Proceedings and Orders |
|---|---|
| Nov 22 2017 | Application (17A577) to extend the time to file a petition for a writ of certiorari from December 10, 2017 to January 10, 2018, submitted to Justice Kennedy. |
| Nov 28 2017 | Application (17A577) granted by Justice Kennedy extending the time to file until January 10, 2018. |
| Jan 10 2018 | Petition for a writ of certiorari filed. (Response due February 12, 2018) |
| Feb 06 2018 | Motion to extend the time to file a response from February 12, 2018 to March 14, 2018, submitted to The Clerk. |
| Feb 08 2018 | Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2018. |
| Feb 12 2018 | Brief amicus curiae of Chamber of Commerce of the United States America filed. |
| Mar 14 2018 | Brief of respondent Frank Varela in opposition filed. |
| Mar 28 2018 | DISTRIBUTED for Conference of 4/13/2018. |
| Mar 28 2018 | Reply of petitioners Lamps Plus, Inc., et al. filed. (Distributed) |
| Apr 16 2018 | DISTRIBUTED for Conference of 4/20/2018. |
| Apr 23 2018 | DISTRIBUTED for Conference of 4/27/2018. |
| Apr 30 2018 | Petition GRANTED. |
| Jun 04 2018 | Motion for an extension of time to file the joint appendix and the opening briefs on the merits filed. |
| Jun 08 2018 | Motion to extend the time to file the joint appendix the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 9, 2018. The time to file respondent's brief on the merits is extended to and including August 30, 2018. |
| Jul 09 2018 | Joint appendix filed. (Statement of costs filed) |
| Jul 09 2018 | Brief of petitioners Lamps Plus, Inc., et al. filed. |
| Jul 13 2018 | Brief amicus curiae of DRI–The Voice of the Defense Bar filed. |
| Jul 13 2018 | Brief amicus curiae of New England Legal Foundation filed. |
| Jul 16 2018 | Brief amicus curiae of Retail Litigation Center, Inc. filed. |
| Jul 16 2018 | Brief amicus curiae of Center for Workplace Compliance filed. |
| Jul 16 2018 | Brief amicus curiae of Chamber of Commerce of the United States America filed. |
| Aug 20 2018 | SET FOR ARGUMENT on Monday, October 29 2018 |
| Aug 30 2018 | Brief of respondent Frank Varela filed. |
| Sep 06 2018 | Brief amici curiae of Contract Law Scholars filed. |
| Sep 06 2018 | Brief amicus curiae of American Association for Justice filed. |
| Sep 10 2018 | Record requested from the U.S.C.A. 9th Circuit. |
| Sep 12 2018 | CIRCULATED |
| Oct 01 2018 | Reply of petitioners Lamps Plus, Inc., et al. filed. (Distributed) |
| Oct 29 2018 | Argued. For petitioners: Andrew J. Pincus, Washington, D. C. For respondent: Michele M. Vercoski, Ontario, Cal. |
| Apr 24 2019 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J. filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. Breyer, J., and Sotomayor, J., filed dissenting opinions. Kagan, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, and in which Sotomayor, J., joined as to Part II. |
| May 28 2019 | JUDGMENT ISSUED. |
