No. 22-909
Kroger Limited Partnership I v. United Food & Commercial Workers, Local 1995
Response Waived
Tags: arbitrability arbitration civil-procedure federal-courts judgment-on-pleadings labor-arbitration labor-law pleadings presumption-in-favor-of-arbitrability rule-12c
Key Terms:
Arbitration ERISA LaborRelations Privacy
Arbitration ERISA LaborRelations Privacy
Latest Conference:
2023-05-18
Question Presented (from Petition)
1. Does the universal standard for judgment on the pleadings apply to a Rule 12(c) motion to compel a labor arbitration or does the general principle of presumption in favor of arbitrability mean the federal courts must ignore the Rule 12(c) standards?
2. Do the federal courts lose their authority to decide arbitrability when to do so requires some consideration of the merits of the underlying dispute?
Question Presented (AI Summary)
Does the universal standard for judgment on the pleadings apply to a Rule 12(c) motion to compel a labor arbitration or does the general principle of presumption in favor of arbitrability mean the federal courts must ignore the Rule 12(c) standards?
Docket Entries
2023-05-22
Petition DENIED.
2023-05-02
DISTRIBUTED for Conference of 5/18/2023.
2023-04-17
Waiver of right of respondent United Food & Commercial Workers, Local 1995 to respond filed.
2023-03-15
Petition for a writ of certiorari filed. (Response due April 17, 2023)
Attorneys
Kroger Limited Partnership I
Patricia Anderson Pryor — Jackson Lewis LLP, Petitioner
United Food & Commercial Workers, Local 1995
Scott Tift — Barrett Johnston Martin & Carrison, PLLC, Respondent