No. 19-875
OTO, L.L.C. v. Ken Kho, et al.
Tags: administrative-proceeding arbitration-agreement civil-litigation federal-arbitration-act preemption procedural-protections state-law substantive-unconscionability unconscionability
Key Terms:
AdministrativeLaw Arbitration
AdministrativeLaw Arbitration
Latest Conference:
2020-06-04
(distributed 2 times)
Question Presented (AI Summary)
Whether the Federal Arbitration Act preempts a State from invalidating an arbitration agreement as substantively unconscionable
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the Federal Arbitration Act preempts a State from invalidating an arbitration agreement as substantively unconscionable on the ground that it provides procedural protections akin to civil litigation, rather than to the streamlined administrative proceeding that would be available under state law in the absence of the agreement. (I)
Docket Entries
2020-06-08
Petition DENIED.
2020-05-19
Reply of petitioner OTO, L.L.C. filed. (Distributed)
2020-05-19
DISTRIBUTED for Conference of 6/4/2020.
2020-04-29
Brief of respondent Ken Kho in opposition filed.
2020-04-29
Brief of respondent Julie A. Su, California Labor Commissioner in opposition filed.
2020-03-12
The motions to extend the time to file responses to the petition are granted and the time is extended to and including April 29, 2020, for all respondents.
2020-03-11
Motion of respondent Ken Kho to extend the time to file a response from March 30, 2020 to April 29, 2020, submitted to The Clerk.
2020-03-11
Motion of respondent Julia A. Su, California Labor Commissioner to extend the time to file a response from March 30, 2020 to April 29, 2020, submitted to The Clerk.
2020-02-27
Response Requested. (Due March 30, 2020)
2020-02-26
DISTRIBUTED for Conference of 3/20/2020.
2020-02-14
Brief amicus curiae of Civil Justice Association of California filed.
2020-02-14
Brief amicus curiae of Washington Legal Foundation filed.
2020-02-14
Brief amicus curiae of The Cato Institute filed.
2020-02-13
Brief amicus curiae of Atlantic Legal Foundation filed.
2020-02-13
Brief amici curiae of California New Car Dealers Association filed.
2020-01-23
Blanket Consent filed by Respondent, Ken Kho.
2020-01-23
Waiver of right of respondent Ken Kho to respond filed.
2020-01-17
Blanket Consent filed by Petitioner, OTO, L.L.C.
2020-01-13
Petition for a writ of certiorari filed. (Response due February 14, 2020)
2019-11-04
Application (19A487) to extend the time to file a petition for a writ of certiorari from November 27, 2019 to January 13, 2020, submitted to Justice Kagan.
2019-11-04
Application (19A487) granted by Justice Kagan extending the time to file until January 13, 2020.
Attorneys
Atlantic Legal Foundation
California New Car Dealers Association
Civil Justice Association of California
Julie A. Su, California Labor Commissioner
Ken Kho
David A. Rosenfeld — Weinberg, Roger & Rosenfeld, Respondent
OTO, L.L.C.
The Cato Institute
Washington Legal Foundation