After his personal information was stolen in a phishing scam, Lamps Plus employee Frank Varela filed a class action complaint. When Lamps Plus attempted to compel individual arbitration instead, Mr. Varela asserted that his employment contract’s broad language regarding arbitration constituted an agreement to class arbitration as well.
Can broad language in a contract be construed to include class arbitration? J. Michael Connolly of Consovoy McCarthy Park discusses class action arbitration agreements in Lamps Plus, Inc. v. Varela. Oral argument is October 29, 2018.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.
Learn more about J. Michael Connolly:
https://consovoymccarthy.com/team/j-michael-connolly/
Differing Views:
Employment Class Action Blog: “Will SCOTUS Finally Decide What Language Authorizes Class Arbitration? Lamps Plus, Inc. v. Varela Might Just Do It.”
https://www.employmentclassactionreport.com/arbitration/will-scotus-finally-decide-language-authorizes-class-arbitration-lamps-plus-inc-v-varela-might-just/
U.S. Chamber of Commerce: “Brief Amicus Curiae in Support of Petitioners”
http://www.chamberlitigation.com/sites/default/files/cases/files/18181818/U.S.%20Chamber%20Amicus%20Brief%20%28merits%29%20--%20Lamps%20Plus%2C%20Inc.%20v.%20Varela%20%28U.S.%20Supreme%20Court%29.pdf
SCOTUSblog: “Argument preview: How should courts decide if parties to an arbitration contract may aggregate their claims?”
http://www.scotusblog.com/2018/10/argument-preview-how-should-courts-decide-if-parties-to-an-arbitration-contract-may-aggregate-their-claims/
The Federalist Society: “Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. – Post-Decision SCOTUScast”
https://fedsoc.org/commentary/podcasts/stolt-nielsen-s-a-v-animalfeeds-int-l-corp-post-decision-scotuscast
