On Monday morning the Supreme Court will file its opinion in Fuentes v. Empire Nissan, Inc.. (Briefs here; oral argument video here.)
The issue in Fuentes as summarized by court staff is: “Is the form arbitration agreement that the employer here required prospective employees to sign as a condition of employment unenforceable against an employee due to unconscionability?” The court granted review in August 2023. It’s one of the oldest undecided non-capital cases on the court’s docket. More about the case here.
This will be the last of three opinions filing in cases argued in November.
There are eight other argued but undecided cases in the pipeline, only two of which should see opinions within the normal 90-day-from-argument period. Six of the eight cases are death penalty appeals.
Three death penalty appeals were argued last term, but their opinions are delayed by post-argument briefing (see here) — People v. Bankston, argued in early May, People v. Chhuon and Pan, argued in late May, and People v. Barrera, argued in June, might not file until February 26.
The People v. Demolle opinion, following an October argument, might not file until April 23 because of supplemental briefing (see here).
Two cases were argued in December — People v. Morgan should be decided by March 2, but the Shear Development Co. v. California Coastal Commission opinion might not file until May 4 because of supplemental briefing (see here).
Of the two cases on the January calendar, People v. Deen should be decided by April 6, but People v. Bertsch and Hronis might not be decided until April 30 because of supplemental briefing.
The Fuentes opinion can be viewed Monday starting at 10:00 a.m.
