U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number

Oral Argument Date

March 16, 2018


Case Updates

Ninth Circuit rejects constitutional challenge to arbitration clauses

April 04, 2018

Click here to view the opinion.

U.S. Chamber files amicus brief supporting constitutional challenge to arbitration clauses

September 15, 2017

The Ninth Circuit will 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,” but the Federal Arbitraction Act has been interpreted so broadly by the Supreme Court that it now “mandates judicial enforcement of consumer adhesion forced arbitration contracts.” The Litigation Center 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