October Term 2002 · Docket 02-634
Can a state court override a federal arbitration agreement to allow class claims?
Green Tree Financial seeks to enforce a contract that bars class arbitration. Bazzle argues state law permits the class action despite the federal statute.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Carter Phillips argued the Federal Arbitration Act makes arbitration a matter of consent.
Phillips claimed the South Carolina Supreme Court violated this core federal principle.
Ms. Pillard stated Green Tree initially asked the arbitrator to decide on class status.
Pillard argued parties can include clauses prohibiting class arbitration if they wish.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 3, lines 17-35 — Transcript, file page 3, lines 17-35
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 30, lines 31-19 — Transcript, file page 30, lines 31-19
- Official Supreme Court Transcript — file page 53, lines 41-13 — Transcript, file page 53, lines 41-13
- Official Supreme Court Transcript — file page 57, lines 5-27 — Transcript, file page 57, lines 5-27
- Official Supreme Court Transcript — file page 59, lines 29-33 — Transcript, file page 59, lines 29-33
A citizen's guide to the whole case
What this case is about
The dispute centers on whether the Federal Arbitration Act preempts state court rules that allow class arbitration. Green Tree Financial argues the federal law mandates individual arbitration. Bazzle contends state law supports the class proceeding.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 17-35 — Transcript, file page 3, lines 17-35
- Official Supreme Court Transcript — file page 30, lines 31-19 — Transcript, file page 30, lines 31-19
- Official Supreme Court Transcript — file page 53, lines 41-13 — Transcript, file page 53, lines 41-13
- Official Supreme Court Transcript — file page 57, lines 5-27 — Transcript, file page 57, lines 5-27
How the case got here
The Supreme Court heard oral argument in this case on April 22, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 59, lines 29-33 — Transcript, file page 59, lines 29-33
What each side wants
Green Tree Financial wants the Court to reverse the state court decision and enforce the individual arbitration clause.
Bazzle wants the Court to affirm the state court decision and allow the class arbitration to continue.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 17-35 — Transcript, file page 3, lines 17-35
- Official Supreme Court Transcript — file page 30, lines 31-19 — Transcript, file page 30, lines 31-19
- Official Supreme Court Transcript — file page 53, lines 41-13 — Transcript, file page 53, lines 41-13
- Official Supreme Court Transcript — file page 57, lines 5-27 — Transcript, file page 57, lines 5-27
What each side says
Green Tree Financial argues the Federal Arbitration Act requires individual arbitration and preempts state law.
Bazzle argues state law permits class arbitration and the federal statute does not forbid it.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 17-35 — Transcript, file page 3, lines 17-35
- Official Supreme Court Transcript — file page 30, lines 31-19 — Transcript, file page 30, lines 31-19
- Official Supreme Court Transcript — file page 53, lines 41-13 — Transcript, file page 53, lines 41-13
- Official Supreme Court Transcript — file page 57, lines 5-27 — Transcript, file page 57, lines 5-27
What the justices asked
Chief Justice Rehnquist asked if the case was submitted after the arguments concluded.
Official sources for this section
- Official Supreme Court Transcript — file page 59, lines 29-33 — Transcript, file page 59, lines 29-33
Why it matters
This case determines whether federal law forces individual arbitration or allows state courts to permit class claims. The outcome shapes how consumers and companies resolve disputes under arbitration agreements nationwide.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 17-35 — Transcript, file page 3, lines 17-35
- Official Supreme Court Transcript — file page 30, lines 31-19 — Transcript, file page 30, lines 31-19
- Official Supreme Court Transcript — file page 53, lines 41-13 — Transcript, file page 53, lines 41-13
- Official Supreme Court Transcript — file page 57, lines 5-27 — Transcript, file page 57, lines 5-27
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 59, lines 29-33 — Transcript, file page 59, lines 29-33
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 3, lines 17-35 — Transcript, file page 3, lines 17-35
- Official Supreme Court Transcript — file page 30, lines 31-19 — Transcript, file page 30, lines 31-19
- Official Supreme Court Transcript — file page 53, lines 41-13 — Transcript, file page 53, lines 41-13
- Official Supreme Court Transcript — file page 57, lines 5-27 — Transcript, file page 57, lines 5-27
- Official Supreme Court Transcript — file page 3, lines 17-35 — Transcript, file page 3, lines 17-35
- Official Supreme Court Transcript — file page 30, lines 31-19 — Transcript, file page 30, lines 31-19
- Official Supreme Court Transcript — file page 53, lines 41-13 — Transcript, file page 53, lines 41-13
- Official Supreme Court Transcript — file page 57, lines 5-27 — Transcript, file page 57, lines 5-27
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.