CarMax Auto Superstores California, LLC v. Fowler
Petition granted, judgment vacated and case remanded for further consideration in light of American Express Co. v. Italian Colors Restaurant on February 24, 2014
| Docket No. |
Op. Below | Argument |
Opinion |
Vote |
Author |
Term |
| 13-439 |
Cal. |
N/A |
N/A |
N/A |
N/A |
OT 2013 |
Issue: Whether California’s “Gentry rule” – under which
class-action waivers in employment arbitration
agreements are invalid if “a class arbitration is likely
to be a significantly more effective practical means
of vindicating the rights of the affected employees
than individual litigation or arbitration,” Gentry v. Superior Court of L.A. County, is
preempted by the Federal Arbitration Act in light of
this Court’s decisions in AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Oct 8 2013 | Petition for a writ of certiorari filed. (Response due November 7, 2013) |
| Oct 24 2013 | Waiver of right of respondents John Wade Fowler, et al. to respond filed. |
| Oct 28 2013 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioners |
| Oct 28 2013 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondents. |
| Nov 4 2013 | DISTRIBUTED for Conference of November 26, 2013. |
| Nov 7 2013 | Brief amicus curiae of California New Car Dealers Asociation filed. (Distributed) |
| Nov 7 2013 | Brief amici curiae of Equal Employment Advisory Council, et al. filed. (Distributed) |
| Nov 18 2013 | Response Requested . (Due December 18, 2013) |
| Dec 4 2013 | Order extending time to file response to petition to and including January 17, 2014. |
| Jan 17 2014 | Brief of respondents John Wade Fowler, et al. in opposition filed. |
| Feb 5 2014 | DISTRIBUTED for Conference of February 21, 2014. |
| Feb 5 2014 | Reply of petitioners CarMax Auto Superstores California, LLC, et al. filed. (Distributed) |
| Feb 24 2014 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of American Express Co. v. Italian Colors Restaurant, 570 U. S. ___ (2013). |
| Mar 28 2014 | MANDATE ISSUED. |
