Lewis Brisbois Partners Publish "Winner's Playbook" Article for Law360 on Lamps Plus Supreme Court Case

Los Angeles, Calif. (May 10, 2021) - Los Angeles Partners Eric Y. Kizirian and Michael Grimaldi, with San Diego Appellate Practice Partner Jeffry A. Miller, recently published an article for Law360, titled "Winner's Playbook: Behind the Scenes of Lamps Plus." The article provides an oral history of their experience handling the Lamps Plus v. Varela case from the district court level all the way to the U.S. Supreme Court, where, in April 2019, the team was successful in convincing the Justices to overturn the Ninth Circuit in this closely watched class arbitration case. The article also features commentary from the team's co-counsel from Mayer Brown. 

Mr. Grimaldi begins by providing background on the case, which stemmed from a data breach in 2016, and the approach taken at the district court level. Mr. Kizirian then explains the district court's unusual decision that led to the appeal, and Mr. Miller discusses his involvement at the U.S. Court of Appeals for the Ninth Circuit. The team then goes on to describe their loss in the Ninth Circuit and how they teamed up with Mayer Brown for the petition to and eventual argument before the Supreme Court. 

Throughout the article, the partners explain how a number of key events in the run up to oral argument impacted their eventual victory, from the appointment of Justice Brett Kavanaugh to the bench, to the Court's decision in Epic Systems Corp. v. Lewis that was issued while the team was appealing Lamps Plus. Mr. Grimaldi also notes how he was able to cite the decision in Lamps Plus shortly thereafter in a successful motion to compel individual arbitration in another case on the same issue, remarking, "It is awe-inspiring to recognize that this decision will affect the interpretation of thousands of arbitration agreements, many of which will be decided by arbitrators."

This article is part of a Law360 Expert Analysis series featuring reflections from attorneys who have won high-profile cases, providing an inside look at the challenges they faced and the decisions they made that led to victory. Mr. Grimaldi was instrumental in organizing the publication of this article.

Mr. Kizirian is the co-chair of Lewis Brisbois' Class Action & Mass Tort and Consumer Warranty Practices and specializes in defending class actions and complex litigation across the United States. Mr. Grimaldi is a senior member of the firm's Class Action & Mass Tort Practice and specializes in defending all types of class actions and complex/aggregate litigation. Mr. Miller is the administrative partner in Lewis Brisbois' San Diego and chair of the firm's Appellate Practice, specializing in civil appeals and writs.

You can read the full article on Law360 here (subscription may be required). You can learn more about the Lamps Plus decision in our alert, "United States Supreme Court Holds That Class Arbitration Must Be Explicitly Authorized."