No. 20-1570

HRB Tax Group, Inc., et al. v. Derek Snarr

Lower Court: Ninth Circuit
Docketed: 2021-05-12
Status: Dismissed
Type: Paid
Amici (1)Relisted (2)
Tags: arbitration-agreement california-law class-action class-action-waiver consumer-protection federal-arbitration-act preemption public-injunction public-injunctive-relief
Latest Conference: 2021-12-10 (distributed 2 times)
Question Presented (from Petition)

This Court has repeatedly held that the Federal
Arbitration Act "protect[s]" agreements "to use individualized rather than class or collective action procedures," and that "courts may not allow a contract defense to reshape traditional individualized arbitration." Epic Sys. Corp. v. Lewis, 138 S. Ct. 1612, 1621,
1623 (2018).

But the California Supreme Court has interpreted
California's consumer-protection laws to authorize
"public injunctive relief'—which it defines as relief
that "prevent[s] further harm to the public at large"
and not "[rJelief that has the primary purpose or effect
of redressing or preventing injury to an individual
plaintiff." McGill v. Citibank, N.A., 393 P.3d 85, 90
(Cal. 2017) (quotation marks omitted). And that court
has held that "a provision in a predispute arbitration
agreement that waives the right to seek this statutory
remedy * * * is contrary to California public policy and
is thus unenforceable under California law." Id. at 87.

The question presented is whether California's
public-policy rule declining to enforce agreements for
individualized arbitration whenever a plaintiff seeks
a public injunction is preempted by the FAA.

Question Presented (AI Summary)

Whether California's public-policy rule declining to enforce agreements for individualized arbitration whenever a plaintiff seeks a public injunction is preempted by the Federal Arbitration Act

Docket Entries

2021-12-09
Stipulation to dismissal of the petition for a writ of certiorari under Rule 46.1 filed.
2021-12-09
Petition Dismissed - Rule 46.
2021-12-03
Supplemental brief of respondent Derek Snarr filed. (Distributed)
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-09-03
Supplemental brief of petitioners HRB Tax Group, Inc., et al. filed.
2021-08-25
Rescheduled.
2021-08-18
DISTRIBUTED for Conference of 9/27/2021.
2021-08-17
Reply of petitioners HRB Tax Group, Inc., et al. filed. (Distributed)
2021-07-20
Motion to delay distribution of the petition for a writ certiorari until August 18, 2021 granted.
2021-07-16
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from July 28, 2021, 2021 to August 18, 2021, submitted to The Clerk.
2021-07-12
Brief of respondent Derek Snarr in opposition filed.
2021-06-11
Brief amici curiae of American Bankers Association and Consumer Bankers Association filed.
2021-06-02
Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2021.
2021-06-01
Motion to extend the time to file a response from June 11, 2021 to July 12, 2021, submitted to The Clerk.
2021-05-10
Petition for a writ of certiorari filed. (Response due June 11, 2021)

Attorneys

American Bankers Association and Consumer Bankers Association
Alan S. KaplinskyBallard Spahr LLP, Amicus
Derek Snarr
Scott Lawrence NelsonPublic Citizen Litigation Group, Respondent
HRB Tax Group, Inc., et al.
Archis Ashok ParasharamiMayer Brown LLP, Petitioner