U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number

Oral Argument Date

October 17, 2017


Case Updates


December 11, 2017

The Ninth Circuit rejected the argument that the Petition Clause of the U.S. Constitution prevents parties from enforcing arbitration clauses in contracts of adhesion.

U.S. Chamber urges Ninth Circuit to uphold widely accepted understanding of arbitration agreements

May 22, 2017

The Ninth Circuit granted interlocutory review to decide whether an order compelling arbitration violates the First Amendment’s Petition Clause by preventing plaintiffs from bringing their claims before a court. The plaintiffs contend that the Petition Clause protects the right to sue in court and can be waived only “knowingly and voluntarily”; however, the FAA has been interpreted so broadly by the Supreme Court that it now “mandates judicial enforcement of consumer adhesion forced arbitration contracts.”

The Chamber and the Retail Litigation Center, Inc. filed an amicus brief explaining that plaintiffs’ argument has no basis in precedent and would yield illogical results.

Adam G. Unikowsky of Jenner & Block LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents