No. 17-988
 
Title: Lamps Plus, Inc., et al., Petitioners
v.
Frank Varela
Docketed: January 11, 2018
Linked with: 17A577
Lower Ct: United States Court of Appeals for the Ninth Circuit
   Case Numbers: (16-56085)
   Decision Date: August 3, 2017
   Rehearing Denied: September 11, 2017
Questions Presented
 
Proceedings and Orders
Nov 22 2017 Application (17A577) to extend the time to file a petition for a writ of certiorari from December 10, 2017 to January 10, 2018, submitted to Justice Kennedy.
Main Document Lower Court Orders/Opinions Proof of Service
Nov 28 2017 Application (17A577) granted by Justice Kennedy extending the time to file until January 10, 2018.
Jan 10 2018 Petition for a writ of certiorari filed. (Response due February 12, 2018)
Petition Appendix Certificate of Word Count Proof of Service
Feb 06 2018 Motion to extend the time to file a response from February 12, 2018 to March 14, 2018, submitted to The Clerk.
Main Document
Feb 08 2018 Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2018.
Feb 12 2018 Brief amicus curiae of Chamber of Commerce of the United States America filed.
Main Document Proof of Service Certificate of Word Count
Mar 14 2018 Brief of respondent Frank Varela in opposition filed.
Main Document Certificate of Word Count Proof of Service
Mar 28 2018 DISTRIBUTED for Conference of 4/13/2018.
Mar 28 2018 Reply of petitioners Lamps Plus, Inc., et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Apr 16 2018 DISTRIBUTED for Conference of 4/20/2018.
Apr 23 2018 DISTRIBUTED for Conference of 4/27/2018.
Apr 30 2018 Petition GRANTED.
Jun 04 2018 Motion for an extension of time to file the joint appendix and the opening briefs on the merits filed.
Main Document
Jun 08 2018 Motion to extend the time to file the joint appendix the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 9, 2018. The time to file respondent's brief on the merits is extended to and including August 30, 2018.
Jul 09 2018 Joint appendix filed. (Statement of costs filed)
Main Document Proof of Service
Jul 09 2018 Brief of petitioners Lamps Plus, Inc., et al. filed.
Main Document Certificate of Word Count Proof of Service
Jul 13 2018 Brief amicus curiae of DRI–The Voice of the Defense Bar filed.
Main Document Certificate of Word Count Proof of Service
Jul 13 2018 Brief amicus curiae of New England Legal Foundation filed.
Main Document Certificate of Word Count Proof of Service
Jul 16 2018 Brief amicus curiae of Retail Litigation Center, Inc. filed.
Main Document Certificate of Word Count Proof of Service
Jul 16 2018 Brief amicus curiae of Center for Workplace Compliance filed.
Main Document Certificate of Word Count Proof of Service
Jul 16 2018 Brief amicus curiae of Chamber of Commerce of the United States America filed.
Main Document Certificate of Word Count Proof of Service
Aug 20 2018 SET FOR ARGUMENT on Monday, October 29 2018
Aug 30 2018 Brief of respondent Frank Varela filed.
Main Document Certificate of Word Count Proof of Service
Sep 06 2018 Brief amici curiae of Contract Law Scholars filed.
Main Document Certificate of Word Count Proof of Service
Sep 06 2018 Brief amicus curiae of American Association for Justice filed.
Main Document Certificate of Word Count Proof of Service
Sep 10 2018 Record requested from the U.S.C.A. 9th Circuit.
Sep 12 2018 CIRCULATED
Oct 01 2018 Reply of petitioners Lamps Plus, Inc., et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 29 2018 Argued. For petitioners: Andrew J. Pincus, Washington, D. C. For respondent: Michele M. Vercoski, Ontario, Cal.
Apr 24 2019 Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J. filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. Breyer, J., and Sotomayor, J., filed dissenting opinions. Kagan, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, and in which Sotomayor, J., joined as to Part II.
May 28 2019 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Andrew J. Pincus
Counsel of Record
Mayer Brown LLP
1999 K Street, N.W.
Washington, DC 20006

apincus@mayerbrown.com
Ph: (202) 263-3220
Party name: Lamps Plus, Inc., et al.


Attorneys for Respondents
Michele M. Vercoski
Counsel of Record
McCune Wright Arevalo
3281 E. Guasti Road, Suite 100
Ontario, CA 91761

mmv@mccunewright.com
Ph: 909-557-1250
Party name: Frank Varela


Other Attorneys
Thomas Ryan McCarthy
Counsel of Record
Consovoy McCarthy Park, PLLC
3033 Wilson Boulevard
Suite 700
Arlington, VA 22201

tom@consovoymccarthy.com
Ph: 7032439423
Party name: Chamber of Commerce of the United States America


John Richard Annand
Counsel of Record
NT Lakis, LLP
1501 M Street, NW Suite 1000
Washington, DC 20005

jannand@ntlakis.com
Ph: 2026295617
Party name: Center for Workplace Compliance


Deepak Gupta
Counsel of Record
Gupta Wessler PLLC
1900 L Street, NW
Suite 312
Washington, DC 20036

deepak@guptawessler.com
Ph: (202) 888-1741
Party name: American Association for Justice


Mary Massaron
Counsel of Record
Plunkett & Cooney, P.C.
38505 Woodward Ave
Suite 100
Bloomfield Hills, MI 48304

mmassaron@plunkettcooney.com
Ph: 313-983-4801
Party name: DRI–The Voice of the Defense Bar


Benjamin G. Robbins
Counsel of Record
New England Legal Foundation
150 Lincoln Street
Boston, MA 02111-2504

benrobbins@nelfonline.org
Ph: 8577727620
Party name: New England Legal Foundation


Matthew Adam Seligman
Counsel of Record
Benjamin N. Cardozo School of Law
55 Fifth Avenue
Room 933
New York, NY 10023

matthew.seligman@yu.edu
Ph: 2127900349
Party name: Contract Law Scholars


Adam G. Unikowsky
Counsel of Record
Jenner & Block LLP
1099 New York Avenue, NW
Suite 900
Washington, DC 20001

AUnikowsky@jenner.com
Ph: 202-639-6041
Party name: Retail Litigation Center, Inc.