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Oxford Health Plans LLC v. Sutter

Docket No.12-135
Op. Below3d Cir.
ArgumentMar 25, 2013

Holding

When an arbitrator determines that the parties to an arbitration intended to authorize class-wide arbitration, that determination survives judicial review under " 10(a)(4) of the Federal Arbitration Act as long as the arbitrator was arguably construing the contract.

Judgment

Affirmed, 9-0, in an opinion by Elena Kagan on Jun 10, 2013. Justice Alito filed a concurring opinion in which Justice Thomas joined.

Holding: When an arbitrator determines that the parties to an arbitration intended to authorize class-wide arbitration, that determination survives judicial review under ” 10(a)(4) of the Federal Arbitration Act as long as the arbitrator was arguably construing the contract.

Judgment:”Affirmed, 9-0, in an opinion by Justice Kagan on June 10, 2013. Justice Alito filed a concurring opinion in which Justice Thomas joined.

Proceedings & orders timeline

Jul 27, 2012
Petition for a writ of certiorari filed. (Response due August 30, 2012)
Aug 1, 2012
Waiver of right of respondent John Ivan Sutter to respond filed.
Aug 15, 2012
DISTRIBUTED for Conference of September 24, 2012.
Aug 21, 2012
Motion for leave to file amicus brief filed by the Chamber of Commerce of the United States of America.
Aug 29, 2012
Motion for leave to file amicus brief filed by DRI - The Voice of the Defense Bar.
Sep 6, 2012
Response Requested . (Due October 9, 2012)
Oct 1, 2012
Order extending time to file response to petition to and including November 8, 2012.
Nov 6, 2012
Order further extending time to file response to petition to and including November 15, 2012.
Nov 15, 2012
Brief of respondent John Ivan Sutter in opposition filed.
Nov 20, 2012
DISTRIBUTED for Conference of December 7, 2012.
Nov 20, 2012
Reply of petitioner Oxford Health Plans LLC filed. (Distributed)
Dec 7, 2012
Motion for leave to file amicus brief filed by the Chamber of Commerce of the United States of America GRANTED.
Dec 7, 2012
Motion for leave to file amicus brief filed by DRI - The Voice of the Defense Bar GRANTED.
Dec 7, 2012
Petition GRANTED.
Jan 7, 2013
SET FOR ARGUMENT ON Monday, March 25, 2013
Jan 8, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jan 9, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jan 22, 2013
Joint appendix filed. (Statement of costs received.)
Jan 22, 2013
Brief of petitioner Oxford Health Plans LLC filed.
Jan 22, 2013
Record received from U.S.C.A. for 3rd Circuit is electronic.
Jan 22, 2013
Record from U.S.D.C. for the District of New Jersey is electronic.
Jan 23, 2013
Brief amicus curiae of Pacific Legal Foundation filed.
Jan 28, 2013
CIRCULATED.
Jan 28, 2013
Brief amicus curiae of New England Legal Foundation filed. (Distributed)
Jan 29, 2013
Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)
Jan 29, 2013
Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
Jan 29, 2013
Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed)
Feb 21, 2013
Brief of respondent John Ivan Sutter filed. (Distributed)
Feb 28, 2013
Brief amici curiae of American Medical Association, et al. filed. (Distributed)
Mar 18, 2013
Reply of petitioner Oxford Health Plans LLC filed. (Distributed)
Mar 25, 2013
Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: Eric D. Katz, Roseland, N. J.
Jun 10, 2013
Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Thomas, J., joined.
Jul 12, 2013
JUDGMENT ISSUED.

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