No. 21-1564

Chancellor Senior Management, Ltd. v. Louise McGraw, By and Through Her Daughter, Nancy Reuschel as Power of Attorney, et al.

Lower Court: West Virginia
Docketed: 2022-06-15
Status: Denied
Type: Paid
Response Waived
Tags: arbitration-agreement contract-enforcement court-appointment federal-arbitration-act forum-unavailability judicial-review statutory-interpretation
Key Terms:
Arbitration
Latest Conference: 2022-09-28
Question Presented (from Petition)

I.

Whether the West Virginia Court's determination
that the parties' arbitration agreement is invalid and
unenforceable because "it fails to 'comply with its own
stated standards," on the basis that it does not satisfy
the peculiar requirements of AHLA Rule 2.1, conflicts
with the command of § 2 of the FAA that agreements
to arbitrate shall be "valid, irrevocable and
enforceable"?

II.

Whether, under circumstances in which an
arbitration forum suggested or selected in the parties'
arbitration agreement becomes unavailable, § 5 of the
FAA mandates that a court "shall designate and
appoint an arbitrator" and, thus, preserve the validity
and enforceability of the core agreement to arbitrate?

Question Presented (AI Summary)

Whether the West Virginia Court's determination that the parties' arbitration agreement is invalid and unenforceable

Docket Entries

2022-10-03
Petition DENIED.
2022-08-15
Letter from Chancellor Senior Management, Ltd. received.
2022-07-20
DISTRIBUTED for Conference of 9/28/2022.
2022-07-15
Waiver of right of respondent Louise McGraw, et al. to respond filed.
2022-06-13
Petition for a writ of certiorari filed. (Response due July 15, 2022)

Attorneys

Chancellor Senior Management, Ltd.
Avrum LevicoffThe Levicoff Law Firm, Petitioner
Louise McGraw, et al.
Kelly R. BagbyAARP Foundation Litigation, Respondent