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Morgan v. Sundance, Inc.

Docket No.21-328
Op. Below8th Cir.
ArgumentMar 21, 2022

Holding

Federal courts may not adopt an arbitration-specific rule conditioning a waiver of the right to arbitrate on a showing of prejudice.

Judgment

Vacated and remanded, 9-0, in an opinion by Elena Kagan on May 23, 2022.

Proceedings & orders timeline

Aug 27, 2021
Petition for a writ of certiorari filed. (Response due October 1, 2021)
Sep 29, 2021
Motion for leave to file amici brief filed by Law Professors.
Oct 1, 2021
Brief of respondent Sundance, Inc. in opposition filed.
Oct 15, 2021
Reply of petitioner Robyn Morgan filed.
Oct 20, 2021
DISTRIBUTED for Conference of 11/5/2021.
Nov 8, 2021
DISTRIBUTED for Conference of 11/12/2021.
Nov 15, 2021
Motion for leave to file amici brief filed by Law Professors GRANTED.
Nov 15, 2021
Petition GRANTED.
Nov 30, 2021
Motion for an extension of time to file respondent's brief on the merits filed.
Nov 30, 2021
Application (21A215) to extend the time to file a reply brief on the merits to March 11, 2022, submitted to Justice Kavanaugh.
Dec 15, 2021
Application (21A215) granted by Justice Kavanaugh extending the time to file the reply brief on the merits until March 11, 2022.
Dec 15, 2021
Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including February 4, 2022.
Dec 29, 2021
Blanket Consent filed by Respondent, Sundance, Inc.
Dec 30, 2021
Brief of petitioner Robyn Morgan filed.
Dec 30, 2021
Joint appendix filed. (Statement of costs filed)
Jan 5, 2022
Brief amicus curiae of American Association for Justice filed.
Jan 6, 2022
Brief amicus curiae of The National Academy of Arbitrators filed.
Jan 6, 2022
Brief amici curiae of Law Professors filed.
Jan 6, 2022
Brief amici curiae of Minnesota, Maryland, et al. filed.
Jan 6, 2022
Brief amicus curiae of Public Citizen filed.
Jan 18, 2022
Blanket Consent filed by Petitioner, Robyn Morgan
Jan 26, 2022
Record requested from the U.S.C.A. 8th Circuit.
Jan 28, 2022
ARGUMENT SET FOR Monday, March 21, 2022.
Feb 4, 2022
Brief of respondent Sundance, Inc. filed.
Feb 9, 2022
Brief amicus curiae of Washington Legal Foundation filed.
Feb 11, 2022
CIRCULATED
Feb 11, 2022
Brief amicus curiae of Restaurant Law Center filed. (Distributed)
Feb 11, 2022
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Mar 11, 2022
Reply of petitioner Robyn Morgan filed. (Distributed)
Mar 21, 2022
Argued. For petitioner: Karla A. Gilbride, Washington, D. C. For respondent: Paul D. Clement, Washington, D. C.
May 23, 2022
Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
Jun 24, 2022
JUDGMENT ISSUED

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