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