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Morgan v. Sundance, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-328 | 8th Cir. | Mar 21, 2022 | May 23, 2022 | 9-0 | Kagan | OT 2021 |
Holding: Federal courts may not adopt an arbitration-specific rule conditioning a waiver of the right to arbitrate on a showing of prejudice.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kagan on May 23, 2022.
SCOTUSblog Coverage
- Courts may not “make up” new procedural rules to favor arbitration (Charlotte Garden, May 24, 2022)
- Defendants who delay can lose their chance to arbitrate, court rules in 9-0 decision (Charlotte Garden, May 23, 2022)
- Announcement of orders and opinions for Monday, May 23 (complete) (Angie Gou, May 23, 2022)
- Arbitration clauses, prejudicial delays, and one justice’s contract-law “nightmare” (Charlotte Garden, March 24, 2022)
- Is turnabout fair play under the Federal Arbitration Act? (Charlotte Garden, March 18, 2022)
- Court sets quiet March argument calendar (Amy Howe, January 28, 2022)
- Legislative intervention to defend a law (John Elwood, November 17, 2021)
- Justices grant arbitration case, won’t take up Volkswagen emissions cases (Amy Howe, November 15, 2021)
- One new relist on arbitration clauses (John Elwood, November 10, 2021)
- Military jurisdiction and two cases on arbitration and wage disputes (Andrew Hamm, September 17, 2021)
| Date | Proceedings and Orders |
|---|---|
| Aug 27 2021 | Petition for a writ of certiorari filed. (Response due October 1, 2021) |
| Sep 29 2021 | Motion for leave to file amici brief filed by Law Professors. |
| Oct 01 2021 | Brief of respondent Sundance, Inc. in opposition filed. |
| Oct 15 2021 | Reply of petitioner Robyn Morgan filed. |
| Oct 20 2021 | DISTRIBUTED for Conference of 11/5/2021. |
| Nov 08 2021 | DISTRIBUTED for Conference of 11/12/2021. |
| Nov 15 2021 | Motion for leave to file amici brief filed by Law Professors GRANTED. |
| Nov 15 2021 | Petition GRANTED. |
| Nov 30 2021 | Motion for an extension of time to file respondent's brief on the merits filed. |
| Nov 30 2021 | Application (21A215) to extend the time to file a reply brief on the merits to March 11, 2022, submitted to Justice Kavanaugh. |
| Dec 15 2021 | Application (21A215) granted by Justice Kavanaugh extending the time to file the reply brief on the merits until March 11, 2022. |
| Dec 15 2021 | Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including February 4, 2022. |
| Dec 29 2021 | Blanket Consent filed by Respondent, Sundance, Inc. |
| Dec 30 2021 | Brief of petitioner Robyn Morgan filed. |
| Dec 30 2021 | Joint appendix filed. (Statement of costs filed) |
| Jan 05 2022 | Brief amicus curiae of American Association for Justice filed. |
| Jan 06 2022 | Brief amicus curiae of The National Academy of Arbitrators filed. |
| Jan 06 2022 | Brief amici curiae of Law Professors filed. |
| Jan 06 2022 | Brief amici curiae of Minnesota, Maryland, et al. filed. |
| Jan 06 2022 | Brief amicus curiae of Public Citizen filed. |
| Jan 18 2022 | Blanket Consent filed by Petitioner, Robyn Morgan |
| Jan 26 2022 | Record requested from the U.S.C.A. 8th Circuit. |
| Jan 28 2022 | ARGUMENT SET FOR Monday, March 21, 2022. |
| Feb 04 2022 | Brief of respondent Sundance, Inc. filed. |
| Feb 09 2022 | Brief amicus curiae of Washington Legal Foundation filed. |
| Feb 11 2022 | CIRCULATED |
| Feb 11 2022 | Brief amicus curiae of Restaurant Law Center filed. (Distributed) |
| Feb 11 2022 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed) |
| Mar 11 2022 | Reply of petitioner Robyn Morgan filed. (Distributed) |
| Mar 21 2022 | Argued. For petitioner: Karla A. Gilbride, Washington, D. C. For respondent: Paul D. Clement, Washington, D. C. |
| May 23 2022 | Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. |
| Jun 24 2022 | JUDGMENT ISSUED |
