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Applied Underwriters Inc. v. Citizens of Humanity, LLC

Petition for certiorari denied on October 1, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
18-175 Cal. Ct. App. N/A N/A N/A N/A OT 2018

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 (key to color coding)
May 25 2018Application (17A1315) to extend the time to file a petition for a writ of certiorari from June 12, 2018 to August 11, 2018, submitted to Justice Kennedy.
May 29 2018Application (17A1315) granted by Justice Kennedy extending the time to file until August 11, 2018.
Aug 06 2018Petition for a writ of certiorari filed. (Response due September 7, 2018)
Aug 22 2018Brief of respondents Citizens of Humanity, et al. in opposition filed.
Sep 04 2018Reply of petitioners Applied Underwriters, Inc., et al. filed.
Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
Oct 01 2018Petition DENIED.