In addition to taking the case that Brian blogged about below, the Supreme Court this morning granted a petition in Lamps Plus Inc. v. Varella, which raises the question presented:
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.
FWIW, the cert opp, which my colleague Scott Nelson drafted, frames the questions this way:
- Did the court of appeals err in construing the distinctive language of the arbitration agreement at issue in this case to authorize class arbitration?
- Did the court of appeals have appellate jurisdiction over the petitioners' appeal of the district court's order granting their motion to compel arbitration, directing arbitration to proceed, and dismissing respondent's claims without prejudice?
The Supreme Court's docket, with links to the petition-stage filings, is here. The case will be briefed over the spring and summer, and argued next fall.