Forum
U.S. Court of Appeals for the Ninth Circuit
Case Status
Decided
Docket Number
Oral Argument Date
October 17, 2017
Case Updates
Outcome
December 11, 2017
The Ninth Circuit rejected the argument that the Petition Clause of the U.S. Constitution prevents parties from enforcing arbitration clauses in contracts of adhesion.
U.S. Chamber urges Ninth Circuit to uphold widely accepted understanding of arbitration agreements
May 22, 2017
The Ninth Circuit granted interlocutory review to decide whether an order compelling arbitration violates the First Amendment’s Petition Clause by preventing plaintiffs from bringing their claims before a court. The plaintiffs contend that the Petition Clause protects the right to sue in court and can be waived only “knowingly and voluntarily”; however, the FAA has been interpreted so broadly by the Supreme Court that it now “mandates judicial enforcement of consumer adhesion forced arbitration contracts.”
The Chamber and the Retail Litigation Center, Inc. filed an amicus brief explaining that plaintiffs’ argument has no basis in precedent and would yield illogical results.
Adam G. Unikowsky of Jenner & Block LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Petition for Permission to Appeal -- Roberts v. AT&T Mobility LLC (Ninth Circuit).pdf
- Respondent's Opposition to 1292(b) Petition -- Roberts v. AT&T Mobility LLC (Ninth Circuit).pdf
- U.S. Chamber Amicus Brief -- Roberts v. AT&T Mobility LLC (Ninth Circuit).pdf
- Opinion -- Roberts v. AT&T Mobility LLC (Ninth Circuit).pdf