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Richards v. Ernst & Young, LLP

Petition for certiorari denied on October 14, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-1274 9th Cir. N/A N/A N/A N/A OT 2014

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 (key to color coding)
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.
Oct 6 2014DISTRIBUTED for Conference of October 10, 2014.
Oct 14 2014Petition DENIED.