Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
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?
Case Updates
Cert. petition denied
June 01, 2020
U.S. Chamber urges Supreme Court to grant certiorari and hold that the Federal Arbitration Act preempts California’s McGill rule, which purports to empower all arbitrators to award public injunctions despite contrary private arbitration agreements
March 30, 2020
Click here to view the amicus brief filed by the U.S. Chamber, National Association of Manufacturers, and National Retail Federation.
Joseph R. Palmore of Morrison & Foerster LLP served as co-counsel for the coalition. The U.S. Chamber previously filed several coalition amicus briefs when these cases were before the Ninth Circuit.