authorized class arbitration procedures, and there is no question that the arbitrator was aware of that decision. On balance, there is at least a strong likelihood that in both proceedings the arbitrator's decision reflected a court's interpretation of the contracts rather than an arbitrator's interpretation. Pp. 453-454.
Justice Stevens concluded that in order to have a controlling judgment of the Court, and because Justice Breyer's opinion expresses a view of the case close to his own, he concurs in the judgment. Pp. 454-455.
Breyer, J., announced the judgment of the Court and delivered an opinion, in which Scalia, Souter, and Ginsburg, JJ., joined. Stevens, J., filed an opinion concurring in the judgment and dissenting in part, post, p. 454. Rehnquist, C. J., filed a dissenting opinion, in which O'Connor and Kennedy, JJ., joined, post, p. 455. Thomas, J., filed a dissenting opinion, post, p. 460.
Carter G. Phillips argued the cause for petitioner. With him on the briefs were Paul J. Zidlicky, Alan S. Kaplinsky, Mark J. Levin, Wilburn Brewer, Jr., Robert C. Byrd, and Herbert W. Hamilton.
Cornelia T. L. Pillard argued the cause for respondents. With her on the brief were Mary Leigh Arnold, Steven W. Hamm, Bradford P. Simpson, B. Randall Dong, T. Alexander Beard, Charles L. Dibble, and Charles Richard Kelly.*
*Briefs of amici curiae urging reversal were filed for the American Bankers Association et al. by Louis R. Cohen, Christopher R. Lipsett, Eric J. Mogilnicki, and Michael D. Leffel; for the Chamber of Commerce of the United States by Evan M. Tager, Miriam R. Nemetz, Jeffrey W. Sarles, and Robin S. Conrad; for the National Council of Chain Restaurants by Robert P. Floyd III; for DirectTV, Inc., by Christopher Landau and Dale H. Oliver; for the Equal Employment Advisory Council by Ann Elizabeth Reesman and Rae T. Vann; for the New England Legal Foundation et al. by Christopher M. Mason and Michael E. Malamut; and for the Washington Legal Foundation by Daniel J. Popeo and Richard A. Samp.
Briefs of amici curiae urging affirmance were filed for the AARP by Stacy J. Canan, Michael R. Schuster, Deborah M. Zuckerman, Nina Simon, and Jean Constantine-Davis; for Law Professors by David S. Schwartz, Richard M. Alderman, Robert Belton, Dwight Golann, Catherine Fisk, Peter Linzer, Jeffrey W. Stempel, Clyde W. Summers, KatherinePage: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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