No. 18-1308

KPMG, LLP v. Singing River Health System, aka Singing River Hospital System

Lower Court: Mississippi
Docketed: 2019-04-16
Status: Denied
Type: Paid
Tags: arbitrability arbitrability-question arbitrability-questions arbitration-agreement contract-enforceability contract-formation delegation-clause federal-arbitration-act preemption state-law-challenge state-law-contract-challenge
Key Terms:
Arbitration Privacy
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Whether the Federal Arbitration Act prohibits courts from relabeling a state law contract challenge as relating to contract formation, as opposed to enforceability, thereby nullifying the parties' delegation of questions of arbitrability to an arbitrator.

2. Whether the Federal Arbitration Act permits courts to determine that the making of an arbitration agreement is at issue where plaintiffs' claims depend upon the existence of a contract that delegates gateway issues of arbitrability to the arbitrator.

Question Presented (AI Summary)

Whether the Federal Arbitration Act prohibits courts from relabeling a state law contract challenge as relating to contract formation, as opposed to enforceability, thereby nullifying the parties' delegation of questions of arbitrability to an arbitrator

Docket Entries

2019-10-07
Petition DENIED.
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-07-15
Reply of petitioner KPMG LLP filed.
2019-07-01
Brief of respondent Singing River Health System, aka Singing River Hospital System in opposition filed.
2019-06-28
Affidavit of Compliance filed with respect to brief in opposition of respondent Jackson County, Mississippi.
2019-06-28
Affidavit of Service filed with respect to brief in opposition of respondent Jackson County, Mississippi.
2019-06-27
Brief of respondent Jackson County, Mississippi in opposition filed.
2019-04-25
The motions to extend the time to file responses are granted and the time is extended to and including July 1, 2019, for all respondents.
2019-04-23
Motion to extend the time to file a response from May 16, 2019 to June 30, 2019, submitted to The Clerk.
2019-04-18
Motion to extend the time to file a response from May 16, 2019 to June 30, 2019, submitted to The Clerk.
2019-04-10
Petition for a writ of certiorari filed. (Response due May 16, 2019)

Attorneys

Jackson County, Mississippi
William Lee Guice IIIRushing & Guice, P.L.L.C., Respondent
KPMG LLP
Amelia Toy RudolphEversheds Sutherland (US) LLP, Petitioner
Singing River Health System, aka Singing River Hospital System
Edward Coleman TaylorDaniel Coker Horton & Bell, PA, Respondent