No. 19-180

John Bucsek v. Metropolitan Life Insurance Company

Lower Court: Second Circuit
Docketed: 2019-08-09
Status: Denied
Type: Paid
Response Waived
Tags: appellate-court-error arbitrability arbitration-agreement arbitration-agreement-validity civil-procedure dispute-resolution due-process federal-arbitration-act henry-schein-precedent henry-schein-v-archer-white material-events merits-of-claim nsd-membership scope-of-arbitration standing
Key Terms:
Arbitration Privacy JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Did the appellate court err by ignoring Henry Schein, Inc., et al. v. Archer & White Sales, Inc., 139 S. Ct. 524 (U.S. Jan. 8, 2019) and barring arbitration based on its perceived view of the merits of petitioner's claim as opposed to the actual arbitrability of the claim?

2. By barring arbitration in this matter, did the appellate court ignore longstanding case law of this court holding that (i) claims are arbitrable where they touch matters covered by the parties' arbitration agreement; and (ii) any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration?

3. Did the appellate court err by requiring that "material events" underlying petitioner's claim occur while Metropolitan Life Insurance Company ("MetLife") still was a member of the NASD as a condition of compelling arbitration, rather than simply enforcing the parties' clear and unmistakable arbitration agreement?

4. Did the appellate court proceed to ignore that "material events" giving rise to the claim did in fact arise while MetLife still was a member of the NASD?

5. Did the appellate court err by not permitting the arbitrators to rule on arbitrability where the parties' arbitration agreement evidenced a clear and unmistakable intent by the parties that they do so?

Question Presented (AI Summary)

Did the appellate court err by ignoring Henry Schein-Inc-et-al-v-Archer-&-White-Sales-Inc-139-S-Ct-524-US-Jan-8-2019-and-barring-arbitration

Docket Entries

2019-10-07
Petition DENIED.
2019-09-04
DISTRIBUTED for Conference of 10/1/2019.
2019-08-23
Waiver of right of respondent Metropolitan Life Insurance Co. to respond filed.
2019-08-07
Petition for a writ of certiorari filed. (Response due September 9, 2019)

Attorneys

John Bucsek
Jack A. GordonKent, Beatty & Gordon, LLP, Petitioner
Metropolitan Life Insurance Co.
Bryan Michael KillianMorgan, Lewis & Bockius, LLP, Respondent