Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2018 Term

Oral Argument Date

October 29, 2018

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Questions 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.

Case Updates

Outcome

April 24, 2019

The Supreme Court issued a decision limiting the ability of the plaintiffs’ bar to construe ambiguous language in a contract to argue for class arbitration—that is, to bring a class action in arbitration, rather than in a court. This outcome limits the ability of the plaintiffs’ bar to import class action litigation into arbitration.

U.S. Chamber files merits-stage amicus brief arguing Supreme Court should reverse Ninth Circuit’s conclusion that arbitration agreement authorizes class arbitration

July 16, 2018

Click here to view the Chamber’s amicus brief.

Thomas R. McCarthy and J. Michael Connolly of Consovoy McCarthy Park PLLC served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Cert. petition granted

April 30, 2018

U.S. Chamber asks Supreme Court to summarily reverse Ninth Circuit decision imposing class arbitration based on routine agreement to arbitrate

February 12, 2018

Click here to view the Chamber's amicus brief.

Thomas R. McCarthy and Bryan K. Weir of Consovoy McCarthy Park PLLC served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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