No. 21-1138

Sherry Treppa, et al. v. George Hengle, et al.

Lower Court: Fourth Circuit
Docketed: 2022-02-16
Status: Dismissed
Type: Paid
Experienced Counsel
Tags: arbitration-agreement arbitration-clause choice-of-law delegation-clause official-capacity sovereign-immunity state-law tribal-government tribal-officials
Key Terms:
Arbitration JusticiabilityDoctri ClassAction
Latest Conference: N/A
Related Cases: 21-1132 (Vide)
Question Presented (from Petition)

1. Whether a court can invalidate an agreement to
have an arbitrator resolve questions of arbitrability (a
"delegation clause") based on the court's interpretation of
a separate choice-of-law provision.

2. Whether sovereign immunity bars private plaintiffs from suing tribal government officials, in their official
capacities, for alleged violations of state law.

Question Presented (AI Summary)

Whether a court can invalidate an agreement to have an arbitrator resolve questions of arbitrability (a 'delegation clause) based on the court's interpretation of a separate choice-of-law provision

Docket Entries

2022-05-18
Petition Dismissed - Rule 46.
2022-05-16
Joint stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed.
2022-04-11
Motion to extend the time to file a response is granted and the time is further extended to and including May 18, 2022.
2022-04-08
Motion to extend the time to file a response from April 18, 2022 to May 18, 2022, submitted to The Clerk.
2022-03-04
Motion to extend the time to file a response is granted and the time is extended to and including April 18, 2022.
2022-03-03
Motion to extend the time to file a response from March 18, 2022 to April 18, 2022, submitted to The Clerk.
2022-02-14
Petition for a writ of certiorari filed. (Response due March 18, 2022)
2022-01-10
Application (21A237) referred to the Court.
2022-01-10
Application (21A237) denied by the Court.
2022-01-03
Reply of applicants Sherry Treppa, et al. filed.
2021-12-30
Response to application from respondent George Hengle, et al. filed.
2021-12-17
Response to application (21A237) requested by The Chief Justice, due by noon on Thursday, December 30, 2021.
2021-12-14
Application (21A237) for a stay pending the filing and distribution of a petition for a writ of certiorari, submitted to The Chief Justice.

Attorneys

George Hengle, et al.
Matthew W.H. WesslerGupta Wessler PLLC, Respondent
Sherry Treppa, et al.
Rakesh Nageswar KilaruWilkinson Stekloff LLP, Petitioner