DIRECTV, Inc. v. Imburgia
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-462 | Cal. Ct. App. | Oct 6, 2015 | Dec 14, 2015 | 6-3 | Breyer | OT 2015 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.
Holding: Because the California Court of Appeal’s interpretation of a service agreement that included a binding arbitration provision with a class arbitration waiver – which specified that the entire arbitration provision was unenforceable if the “law of your state” made class-arbitration waivers unenforceable, but also declared that the arbitration clause was governed by the Federal Arbitration Act – is pre-empted by the Federal Arbitration Act, that court must enforce the arbitration agreement.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Breyer on December 14, 2015. Justice Thomas filed a dissenting opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.
SCOTUSblog Coverage
- Opinion analysis: Justices rebuke California courts (again) for refusal to enforce arbitration agreement (Ronald Mann, December 14, 2015)
- Argument analysis: Justices have scorching criticism for California court’s refusal to enforce arbitration agreement, but debate their authority to correct it (Ronald Mann, October 7, 2015)
- Argument preview: Justices face off again with California court refusing to enforce arbitration agreement (Ronald Mann, October 2, 2015)
| Date | Proceedings and Orders |
|---|---|
| Oct 21 2014 | Petition for a writ of certiorari filed. (Response due November 20, 2014) |
| Nov 14 2014 | Waiver of right of respondents Amy Imburgia, et al. to respond filed. |
| Nov 25 2014 | DISTRIBUTED for Conference of December 12, 2014. |
| Nov 25 2014 | Response Requested . (Due December 29, 2014) |
| Dec 15 2014 | Order extending time to file response to petition to and including January 28, 2014, for all respondents. |
| Jan 28 2015 | Brief of respondents Amy Imburgia, et al. in opposition filed. |
| Feb 10 2015 | Reply of petitioner DIRECTV, Inc. filed. |
| Feb 11 2015 | DISTRIBUTED for Conference of February 27, 2015. |
| Mar 2 2015 | DISTRIBUTED for Conference of March 6, 2015. |
| Mar 9 2015 | DISTRIBUTED for Conference of March 20, 2015. |
| Mar 23 2015 | Petition GRANTED. |
| Apr 27 2015 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner. |
| Apr 30 2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 29, 2015. |
| Apr 30 2015 | The time to file respondents' brief on the merits is extended to and including July 17, 2015. |
| May 29 2015 | Joint appendix filed. (Statement of costs filed) |
| May 29 2015 | Brief of petitioner DIRECTV, Inc. filed. |
| Jun 1 2015 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Jun 2 2015 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents. |
| Jun 4 2015 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. |
| Jun 5 2015 | Brief amicus curiae of Washington Legal Foundation filed. |
| Jun 5 2015 | Brief amicus curiae of Equal Employment Advisory Council filed. |
| Jun 5 2015 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Jun 5 2015 | Brief amicus curiae of New England Legal Foundation filed. |
| Jun 5 2015 | Brief amici curiae of Atlantic Legal Foundation and the International Association of Defense Counsel filed. |
| Jul 17 2015 | The time to file respondent's brief on the merits is further extended to and including July 20, 2015. |
| Jul 20 2015 | Brief of respondents Amy Imburgia, et al. filed. |
| Jul 23 2015 | Brief amicus curiae of Michael Vachon filed. (Distributed) |
| Jul 24 2015 | Brief amicus curiae of William R. Weinstein filed. |
| Jul 24 2015 | Brief amici curiae of Arbitration and Contracts Scholars filed. |
| Jul 24 2015 | Brief amicus curiae of Public Citizen, Inc. filed. |
| Jul 24 2015 | Brief amici curiae of Law Professors Barbara Babcock, et al. filed. |
| Jul 24 2015 | Brief amicus curiae of Professor Peter Linzer filed. |
| Jul 24 2015 | Brief amici curiae of Law Professors David Dow, et al.filed. |
| Jul 24 2015 | Brief amici curiae of California Law Professors filed. |
| Jul 29 2015 | SET FOR ARGUMENT on Tuesday, October 6, 2015. |
| Jul 31 2015 | CIRCULATED. |
| Aug 11 2015 | Pursuant to Rule 29.6, a letter updating corporate disclosure statement was received from counsel for the petitioner DIRECTTV. (Distributed). |
| Aug 12 2015 | Record requested from Court of Appeal of California, Second Appellate District. |
| Aug 13 2015 | Reply of petitioner DIRECTV, Inc. filed. (Distributed) |
| Aug 26 2015 | Supplemental brief of respondents Amy Imburgia, et al. filed. (Distributed) |
| Aug 31 2015 | Supplemental response brief filed by petitioner DIRECTV, Inc. (Distributed) |
| Sep 17 2015 | Record received from Court of Appeal of Ca. Second Appellate Dist. (1- Box) |
| Oct 6 2015 | Argued. For petitioner: Christopher Landau, Washington, D. C. For respondents: Thomas C. Goldstein, Bethesda, Md. |
| Dec 14 2015 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Alito, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined. |
| Dec 14 2015 | MANDATE ISSUED. |
| Jan 15 2016 | JUDGMENT ISSUED |
| Jan 15 2016 | MANDATE ISSUED |
