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Lamps Plus Inc. v. Varela

Certiorari Granted on April 30, 2018

The date for argument has not yet been set.

  • Amicus Briefs in support of Petitioner or Neither Party are due within 45 days of grant of certiorari, which would be June 14, 2018

  • Amicus Briefs in support of Respondents are due within 30 days of the filing of the Petitioner's Merits Brief, which would be July 14, 2018 if the Petitioner files on its deadline.

Counsel for Petitioner

Andrew J. Pincus

Mayer Brown LLP

1999 K Street, N.W.

Washington, DC 20006

(202) 263-3220

apincus@mayerbrown.com

Party name: Lamps Plus, Inc., et al.

Counsel for Respondent

Michele M. Vercoski

McCune Wright Arevalo

3281 E. Guasti Road, Suite 100

Ontario, CA 91761

909-557-1250

mmv@mccunewright.com

Party name: Frank Varela

Question Presented

In Stolt-Nielsen, S.A. v. AnimalFeeds International Corp. this Court held that a court couldmnot order arbitration to proceed using class procedures unless there was a "contractual basis" for concluding that the parties have "agreed to" class arbitration. 559 U.S. 662, 684 (2010) (emphasis in original). This Court explained that courts may not "presume" such consent from "mere silence on the issue of class arbitration" or "from the fact of the parties' agreement to arbitrate." Id. at 685, 687. The arbitration clause at issue here did not mention class arbitration. A divided Ninth Circuit panel majority (Reinhardt & Wardlaw, JJ.) nonetheless inferred mutual assent to class arbitration from such standard language as the parties' agreement that "arbitration shall be in lieu of any and all lawsuits or other civil legal proceedings" and a description of the substantive claims subject to arbitration. App., infra, 3a-4a. The question presented is: 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.