No. 21-31

Fast Auto Loans, Inc. v. Joe Maldonado, et al.

Lower Court: California
Docketed: 2021-07-09
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: arbitration-agreement civil-procedure federal-arbitration-act individualized-arbitration preemption public-injunctive-relief state-law state-law-preemption supreme-court-precedent
Latest Conference: 2021-12-10 (distributed 2 times)
Question Presented (AI Summary)

Is California's McGill rule preempted by the Federal Arbitration Act?

Question Presented (OCR Extract)

QUESTION PRESENTED Is California’s McGill rule, under which agreements for individualized arbitration are invalidated when a plaintiff seeks public injunctive relief, preempted by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., given this Court’s holdings that: e the FAA requires courts to “enforce arbitration agreements according to their terms,” Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407, 1413 (2019); ¢ arbitration agreements with terms requiring “individualized” arbitration are “protect[ed] pretty absolutely” by the FAA, Epic Systems Corp. v. Lewis, 138 S. Ct. 1612, 1621 (2018); ¢ state law is preempted if it “stands as an obstacle to the accomplishment and execution of the full purposes and objectives” of the FAA, AT&T Mobility LLC uv. Concepcion, 563 U.S. 333, 352 (2011); e¢ states cannot carve out particular categories of disputes from the operation of the FAA, Marmet Health Care Ctr., Inc. v. Brown, 565 U.S. 530, 532 (2012); and e state courts “must abide by the FAA, which is ‘the supreme Law of the Land,’ U.S. Const., Art. VI, cl. 2, and by the opinions of this Court interpreting that law,” Nitro-Lift Techs., L.L.C. v. Howard, 568 U.S. 17, 18 (2012)? (i)

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-18
Reply of petitioner Fast Auto Loans, Inc. filed.
2021-11-08
Brief of respondents Joe Maldonado, et al. in opposition filed.
2021-10-20
Motion to extend the time to file a response is granted and the time is further extended to and including November 8, 2021.
2021-10-19
Motion to extend the time to file a response from October 25, 2021 to November 8, 2021, submitted to The Clerk.
2021-09-21
Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
2021-09-19
Motion to extend the time to file a response from September 24, 2021 to October 25, 2021, submitted to The Clerk.
2021-09-16
Supplemental brief of petitioner Fast Auto Loans, Inc. filed.
2021-08-25
Response Requested. (Due September 24, 2021)
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-08-04
Waiver of right of respondent Joe Maldonado, et al. to respond filed.
2021-07-07
Petition for a writ of certiorari filed. (Response due August 9, 2021)

Attorneys

Fast Auto Loans, Inc.
Mark Jay LevinBallard Spahr LLP, Petitioner
Mark Jay LevinBallard Spahr LLP, Petitioner
Joe Maldonado, et al.
Deepak GuptaGupta Wessler PLLC, Respondent
Deepak GuptaGupta Wessler PLLC, Respondent
Michael D. SingerCohelan Khoury & Singer, Respondent
Michael D. SingerCohelan Khoury & Singer, Respondent