History of the Case

June 29, 2005
We wrote to Judge Chirlin to bring to her attention a very recent ( June 27, 2005 ) decision of the California Supreme Court involving contracts that expressly prohibit persons from participating in class actions. In Discover Bank v. Superior Court, the Supreme Court held that such contract provisions are unconscionable and unenforceable because they effectively insulate companies from class action lawsuits.

We have suggested to Judge Chirlin that if a company cannot expressly prohibit persons from participating in class actions, a contract that is silent on the issue (such as the dealer contracts) certainly cannot be read to prohibit such participation.

View a copy of our Letter to Judge Chirlin.

View a copy of the Discover Bank Opinion.

June 16, 2005
Hearing in California state court (Los Angeles county) on DirecTV's petition to vacate the First Amended Clause Construction Award.

June 16, 2005
A hearing was held in California state court (Los Angeles county) on DirecTV's petition to vacate the First Amended Clause Construction Award.

June 10, 2005
DirecTV filed a reply memorandum of law in further support of its petition to vacate the First Amended Clause Construction Award.

View a copy of DirecTV's Reply in Support of DirecTV's Petition to Vacate.

May 16, 2005
Claimants filed a memorandum of points and authorities in California state court opposing DirecTV's petition to vacate the First Amended Clause Construction Award.

View a copy of Claimant's Opposition Memorandum of Point and Authorities.

April 27, 2005
Arbitration panel granted DirecTV's request to stay further proceedings pending a decision by the California state court on DirecTV's petition to vacate the First Amended Clause Construction Award.

View a copy of the Order.

April 6, 2005
DirecTV filed a petition in California state court seeking to vacate the First Amended Clause Construction Award.

View a copy of DirecTV's Memorandum of Points and Authorities.

March 10, 2005
Arbitration panel granted (two to one) Claimants' clause construction motion and construed the arbitration provision in the Sales Agency Agreement to permit class wide arbitration.

View a copy of the First Amended Clause Construction Award.

January 4, 2005
Hearing held on the parties' motions to construe the arbitration provisions in the governing agreements between the dealers and DirecTV.

December 14, 2004
DirecTV filed a reply memorandum of law opposing Claimants' motion to permit class arbitration.

View DirecTV's Reply Memorandum of Law.

December 14, 2004
Claimants' filed a reply memorandum of law opposing DirecTV's motion to preclude class arbitration.

View Claimants' Reply Memorandum of Law.

November 24, 2004
DirecTV filed a motion seeking to have the arbitration clause in the Sales Agency Agreement construed to preclude class arbitration.

View a copy of DirecTV's Memorandum of Law.

November 24, 2004
Claimants filed a motion seeking to have the arbitration clauses in the Residential Dealer Agreement and the Sales Agency Agreement construed to permit class arbitration.

View a copy of Claimants' Memorandum of Law.

September 8, 2004
The Honorable Donald B. King is appointed to, and named chairperson of, the three member arbitration panel.