Applied Underwriters Captive Risk Assurance Company, Inc. v. Minnieland Private Day School, Inc.

Petition for certiorari denied on January 22, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-717 4th Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether an argument that applies equally to an arbitration agreement as a whole is sufficient to specifically challenge a delegation provision under Rent-A-Center v. Jackson, which held that a delegation provision within an arbitration agreement should be enforced under the Federal Arbitration Act, unless there is a specific (and successful) challenge to that delegation provision; and (2) whether the severability doctrine, which dictates that a delegation provision must be analyzed without regard to the remainder of the arbitration agreement and without regard to the contract as a whole, requires enforcement of a delegation provision when the only defense to enforceability is a state anti-arbitration statute that does not address “who” gets to decide arbitrability.

DateProceedings and Orders (key to color coding)
Nov 09 2017Petition for a writ of certiorari filed. (Response due December 14, 2017)
Dec 14 2017Brief of respondent Minnieland Private Day School, Inc. in opposition filed.
Dec 29 2017Reply of petitioner Applied Underwriters Captive Risk Assurance Company, Inc. filed. (Distributed)
Jan 03 2018DISTRIBUTED for Conference of 1/19/2018.
Jan 22 2018Petition DENIED.
 
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