Richards v. Ernst & Young, LLP

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
13-1274 9th Cir. TBD TBD TBD TBD TBD

Issue: Whether a party should be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevocable under Section 3 of the Federal Arbitration Act; (2) whether, if prejudice is required, what constitutes sufficient “prejudice” in order to find “waiver;” and (3) whether state law contractual defenses to enforcement of an arbitration agreement preserved under Section 2 of the Act, such as defenses of waiver or estoppel, provide a defense to an application for either a stay under Section 3 of the Act or an order compelling arbitration under Section 4.

SCOTUSblog Coverage

DateProceedings and Orders
Apr 21 2014Petition for a writ of certiorari filed. (Response due May 23, 2014)
May 9 2014Order extending time to file response to petition to and including June 23, 2014.
Jun 23 2014Brief of respondent Ernst & Young, LLP in opposition filed.
Jul 7 2014Reply of petitioner Michelle Richards filed. (Distributed)
Jul 9 2014DISTRIBUTED for Conference of September 29, 2014.
 
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