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Rent-A-Center v. Jackson

Docket No.09-497
Op. Below9th Circuit
ArgumentApr 26, 2010

Holding

If after parties agree to arbitrate a dispute rather than take it to court, one side challenges the arbitration provision itself, then a court must decide the challenge. However, if the enforceability of the agreement as a whole is challenged, the challenge must be decided by an arbitrator.

Judgment

Reversed, 5-4, in an opinion by Antonin Scalia on Jun 21, 2010. Justice Stevens dissented, joined by Justices Ginsburg, Breyer, and Sotomayor.

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