SCOTUS Reverses Ninth Circuit On Proper Bases For Class Arbitrations

The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a "contractual basis for concluding that the part[ies] agreed to [class arbitration]." Reversing the Ninth Circuit, Chief Justice John Roberts found not only that the Court had jurisdiction over the case but also that the state law contract construction rule dealing with ambiguity applied by the Ninth Circuit was inconsistent with the Federal Arbitration Act core principle that consent of the parties was required. See Lamps Plus, Inc. v. Varela, No. 17-988 (April 24, 2019).

The Decisions Below

Lamps Plus was subjected in 2016 to a successful phishing attack, during which one of its employees sent copies of current and former employees' 2015 W-2 forms to a third party. Shortly thereafter, Frank Varela filed a putative class action in California federal court seeking relief for the data breach. Lamps Plus responded by seeking individual arbitration under Varela's arbitration