In an unsurprising order, the United Supreme Court (SCOTUS) took our firm's case against CarMax. The order is here. We had prevailed at the Court of Appeals in reversing the trial court's order sending my client to individual arbitration. The California Supreme Court had denied review and defendant took a writ of certiorari to the United States Supreme Court.
We opposed the petition of certiorari but it was granted over our objections. They performed what is known as a GVR (Grant, Vacate, Remand). We will not appear in Washington, D.C. to argue the case, at least not this go around. Rather, SCOTUS granted CarMax's petition, vacated the California Court of Appeal decision, in this case, and remanded the matter back to the Court of Appeal to reconsider their opinion in light of American Express v. Italian Colors.
However, I try to spin this, its bad news. In fact it likely signals the death of Gentry v. Superior Court. By taking the action that SCOTUS did, it signals that SCOTUS wants to enforce any and every arbitration agreement that comes before it with virtually no exceptions. It's a sad day indeed, but we intend to keep fighting as crazy as odds may appear.
For each time he falls, he shall rise again!
Sancho! My armor! My sword!