MHN Government Services, Inc. v. Zaborowski

Case Updates

After a settlement was reached the Supreme Court dismissed the petition to reverse anti-arbitration decision.

In its brief, the U.S. Chamber urged the Supreme Court to reverse a Ninth Circuit decision that applied a discriminatory rule to analyze an arbitration agreement instead of California’s generally applicable pro-severability principles. The brief argued that California’s Armendariz rule discriminates against arbitration agreements in violation of the Federal Arbitration Act (“FAA”) and rests on impermissible hostility to arbitration. The brief also argued that the FAA requires states to put arbitration on at least equal footing with other contract provisions and that California’s approach treats arbitration agreements less favorably when deciding whether to sever invalid provisions.

Andrew J. Pincus and Archis A. Parasharami of Mayer Brown LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation in this case.