Sonic-Calabasas A, Inc. v. Moreno
Petition for certiorari denied on June 9, 2014
Issue: (1) Whether the Federal Arbitration Act preempts a California rule that would condition enforcement of arbitration agreements upon a pre-arbitration, judicial determination that the arbitration agreement, as applied, provides for judicially imposed standards for accessibility, informality, and affordability unique to certain statutory claims notwithstanding the U.S. Supreme Court"s recent prior decisions in AT&T Mobility LLC v. Concepcion (precluding states from requiring arbitration procedures inconsistent with the FAA, even if based on public policy considerations) and American Express Co. v. Italian Colors Restaurant ("the FAA"s command to enforce arbitration agreements trumps any interest in ensuring the prosecution of low-value claims"); and (2) whether the Federal Arbitration Act preempts California efforts to invent and apply a new unconscionability test ("unreasonably one-sided"), in lieu of the unconscionability test generally applicable in California ("shocks the conscience"), notwithstanding the plain language of Section 2 of the FAA that limits defenses to arbitration agreement enforcement to "such grounds as exist at law or in equity for the revocation of any contract" and precludes defenses to arbitration enforcement that apply uniquely to arbitration agreements.
SCOTUSblog Coverage
- Petition of the day (Maureen Johnston, June 3, 2014)
Date | Proceedings and Orders |
---|---|
01/15/2014 | Petition for a writ of certiorari filed. (Response due February 18, 2014) |
01/21/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
01/29/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respodent. |
01/30/2014 | Waiver of right of respondent Frank Moreno to respond filed. |
02/12/2014 | DISTRIBUTED for Conference of February 28, 2014. |
02/14/2014 | Brief amicus curiae of California New Car Dealers Association filed. (Distributed) |
02/18/2014 | Brief amici curiae of The Employers Group, et al. filed. (Distributed) |
02/18/2014 | Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) |
02/26/2014 | Response Requested . (Due March 28, 2014) |
03/19/2014 | Order extending time to file response to petition to and including April 28, 2014. |
04/28/2014 | Order further extending time to file response to petition to and including May 1, 2014. |
05/01/2014 | Brief of respondent Frank Moreno in opposition filed. |
05/16/2014 | Reply of petitioner Sonic-Calabasas A, Inc. filed. |
05/20/2014 | DISTRIBUTED for Conference of June 5, 2014. |
06/09/2014 | Petition DENIED. |