Supreme Court of the United States

Directv, Inc. v. Amy Imburgia — Thomas, J., Dissenting

December 14, 2015136 S. Ct. 463

Summary

Justice Thomas (joined by Justice Ginsburg and Justice Sotomayor) dissents, arguing that the Federal Arbitration Act does not apply to state‑court proceedings and that the ambiguous "law of your state" clause in DIRECTV’s contract should be construed against the drafter under traditional state‑contract principles. He would affirm the California Court of Appeal’s judgment rejecting enforcement of the arbitration agreement. The dissent also critiques the majority’s expansion of FAA preemption over consumer‑protective state law.