No. 18-175

Applied Underwriters, Inc., et al. v. Citizens of Humanity, LLC, et al.

Lower Court: California
Docketed: 2018-08-08
Status: Denied
Type: Paid
Experienced Counsel
Tags: arbitrability arbitration-act arbitration-agreement choice-of-law contract-interpretation delegation-clause federal-arbitration-act judicial-hostility preemption rent-a-center-v-jackson state-arbitration-principles state-substantive-law Whether a litigant can avoid enforcement of a cont
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. Whether a general choice-of-law clause in a contract that contains an arbitration agreement should be read, consistent with the Federal Arbitration Act and this Court's decisions, to import state substantive law without importing state rules impairing arbitration, as ten federal courts of appeals and nine state courts of appeals have held, or whether a general choice-of-law clause should be read to incorporate both state substantive law and state arbitration principles, including those barring or otherwise evincing hostility to arbitration, as four state courts of appeals and one federal court of appeals have held.

2. Whether a litigant may avoid the enforcement of a contractual clause delegating questions of arbitrability to the arbitrator merely by stating that the litigant's objections to arbitration—which must ordinarily be resolved by the arbitrator—apply equally to the delegation clause itself.

Question Presented (AI Summary)

Whether a general choice-of-law clause in a contract that contains an arbitration agreement should be read to import state substantive law without importing state rules impairing arbitration

Docket Entries

2018-10-01
Petition DENIED.
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-09-04
Reply of petitioners Applied Underwriters, Inc., et al. filed.
2018-08-22
Brief of respondents Citizens of Humanity, et al. in opposition filed.
2018-08-06
Petition for a writ of certiorari filed. (Response due September 7, 2018)
2018-05-29
Application (17A1315) granted by Justice Kennedy extending the time to file until August 11, 2018.
2018-05-25
Application (17A1315) to extend the time to file a petition for a writ of certiorari from June 12, 2018 to August 11, 2018, submitted to Justice Kennedy.

Attorneys

Applied Underwriters, Inc., et al.
Clifford M. SloanSkadden, Arps, Slate, Meagher & Flom LLP, Petitioner
Citizens of Humanity, et al.
Warren David PostmanKeller Lenkner, Respondent