Applied Underwriters Captive Risk Assurance Company Inc. v. Citizens of Humanity, LLC

Pending petition
Docket No.
Op. Below
Argument
TBD
Opinion
TBD
Vote
TBD
Author
TBD
Term
TBD

Issues: (1) Whether a general choice-of-law clause in a contract that contains an arbitration agreement should be read, consistent with the Federal Arbitration Act and the Supreme Court’s decisions, to import state substantive law without importing state rules impairing arbitration, as ten federal courts of appeals and nine state courts of appeals have held, or whether a general choice-of-law clause should be read to incorporate both state substantive law and state arbitration principles, including those barring or otherwise evincing hostility to arbitration, as four state courts of appeals and one federal court of appeals have held; and (2) whether a litigant may avoid the enforcement of a contractual clause delegating questions of arbitrability to the arbitrator merely by stating that the litigant’s objection to arbitration—which must ordinarily be resolved by the arbitrator—apply equally to the delegation clause itself.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 15 2018Application (17A1378) to extend the time to file a petition for a writ of certiorari from July 5, 2018 to August 19, 2018, submitted to Justice Gorsuch.
Jun 18 2018Application (17A1378) granted by Justice Gorsuch extending the time to file until August 4, 2018.
Aug 06 2018Petition for a writ of certiorari filed. (Response due September 7, 2018)
Aug 21 2018Brief of respondents Citizens of Humanity, et al. in opposition filed.
Sep 04 2018Reply of petitioner Applied Underwriters Captive Risk Assurance Company, Inc. filed.
Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.

CLICK HERE FOR FULL VERSION OF THIS STORY