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Subway Won’t Get High Court Review of Arbitration Issue

Oct. 1, 2018, 1:42 PM

The U.S. Supreme Court declined Oct. 1 to review whether Subway Sandwich Shops Inc. can send a customer’s unwanted text message class action to arbitration.

The U.S. Court of Appeals for the Ninth Circuit said no because neither Subway nor the customer is a party to the T-Mobile cell phone contract that includes the arbitration clause.

The Supreme Court recently denied review in a case that raised the same issue. But a circuit split has developed that warrants the court’s review, Subway argued.

The case is Subway Sandwich Shops, Inc. v. Rahmany, U.S., No. 18-33, review denied 10/1/18.