No. 19-1066

Comcast Corporation, et al. v. Charles E. Tillage, et al.

Lower Court: Ninth Circuit
Docketed: 2020-02-28
Status: Denied
Type: Paid
Experienced Counsel
Tags: bilateral-arbitration bilateralism consumer-disputes contract-revocation federal-arbitration-act preemption public-injunctive-relief saving-clause
Key Terms:
Arbitration ERISA ClassAction
Latest Conference: 2020-05-28
Question Presented (AI Summary)

Whether the McGill rule falls outside the FAA's saving clause because it is not a ground that 'exist[s] at law or in equity' for the 'revocation' of any contract?

Question Presented (from Petition)

QUESTIONS PRESENTED The Federal Arbitration Act makes written arbitration agreements “valid, irrevocable, and enforceable,” although its “saving clause” permits the application of defenses that “exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. But evena defense that falls within the saving clause is preempted by the Act if it interferes with fundamental attributes of arbitration, such as bilateralism. See Epic Sys. Corp. v. Lewis, 138 8. Ct. 1612, 1623 (2018). In 2017, the California Supreme Court announced for the first time that provisions in predispute arbitration agreements waiving the parties’ right to seek “public injunctive relief” in any forum are contrary to California public policy and unenforceable. See McGill v. Citibank, N.A., 393 P.3d 85 (Cal. 2017). This so-called “McGill rule” effectively precludes bilateral arbitration of consumer disputes in California. The questions presented are: 1. Whether the McGill rule falls outside the FAA’s saving clause because it is not a ground that “exist|[s] at law or in equity” for the “revocation” of any contract? 2. Whether, even if the McGill rule falls within the FAA’s saving clause, it is otherwise preempted by the FAA because it interferes with fundamental attributes of arbitration by negating the parties’ agreement to resolve their dispute bilaterally?

Docket Entries

2020-06-01
Petition DENIED.
2020-05-12
DISTRIBUTED for Conference of 5/28/2020.
2020-05-11
Reply of petitioners Comcast Corporation, et al. filed.
2020-04-24
Brief of respondents Charles Tillage, et al. in opposition filed.
2020-03-19
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2020.
2020-03-18
Motion to extend the time to file a response from March 30, 2020 to April 24, 2020, submitted to The Clerk.
2020-03-09
Blanket Consent filed by Petitioners, Comcast Corporation, et al.
2020-03-04
Letter of March 4, 2020 from counsel for petitioners received.
2020-02-27
Petition for a writ of certiorari filed. (Response due March 30, 2020)

Attorneys

American Bankers Association; Consumer Bankers Association
Alan S. KaplinskyBallard Spahr LLP, Amicus
Alan S. KaplinskyBallard Spahr LLP, Amicus
Charles Tillage, et al.
Scott Lawrence NelsonPublic Citizen Litigation Group, Respondent
Scott Lawrence NelsonPublic Citizen Litigation Group, Respondent
Comcast Corporation, et al.
Mark Andrew PerryGibson Dunn & Crutcher, LLP, Petitioner
Mark Andrew PerryGibson Dunn & Crutcher, LLP, Petitioner
CTIA - The Wireless Association
Adam G. UnikowskyJenner & Block LLP, Amicus
Adam G. UnikowskyJenner & Block LLP, Amicus
DRI-The Voice of the Defense Bar
Zach Chaffee-McClureShook, Hardy & Bacon LLP, Amicus
Zach Chaffee-McClureShook, Hardy & Bacon LLP, Amicus
The Chamber of Commerce of the United States of America, National Association of Manufacturers, and National Retail Federation
Joseph Russell PalmoreMorrison & Foerster LLP, Amicus
Joseph Russell PalmoreMorrison & Foerster LLP, Amicus
Washington Legal Foundation
Corbin Knight BartholdWashington Legal Foundation, Amicus
Corbin Knight BartholdWashington Legal Foundation, Amicus