In Garcia v. DirecTV, Inc., No. B158570, 2002 WL 31769224 (Cal. App. (2d Dist) Dec. 11, 2002) (unpublished), independent dealers commenced an arbitration, and also filed a class action, alleging that DirecTV had failed to pay them certain compensation. The trial court ordered arbitration on a class-wide basis as permitted under state law.
DirectTV appealed, arguing that the parties agreed to be governed only by federal law, which bars class-wide arbitration; however, the Court of Appeals affirmed. The U.S. Supreme Court summarily vacated the case and remanded "for further consideration in light of Green Tree Financial Corp. v. Bazzle [123 S. Ct. 2402 (2003)]." Hughes Elect. Corp. v. Garcia, No. 02-1752, 2003 WL 21313782 (U.S. Oct. 6, 2003). In Green Tree, the Court held that the arbitrator, not the court, decides whether an arbitration contract forbids class arbitration.
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