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)
Announcement of orders and opinions for Monday, May 23 (complete) (Angie Gou, May 23, 2022)
Defendants who delay can lose their chance to arbitrate, court rules in 9-0 decision (Charlotte Garden, May 23, 2022)
Arbitration clauses, prejudicial delays, and one justices 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, wont 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 (key to color coding)
08/27/2021	Petition for a writ of certiorari filed. (Response due October 1, 2021)
09/29/2021	Motion for leave to file amici brief filed by Law Professors.
10/01/2021	Brief of respondent Sundance, Inc. in opposition filed.
10/15/2021	Reply of petitioner Robyn Morgan filed.
10/20/2021	DISTRIBUTED for Conference of 11/5/2021.
11/08/2021	DISTRIBUTED for Conference of 11/12/2021.
11/15/2021	Motion for leave to file amici brief filed by Law Professors GRANTED.
11/15/2021	Petition GRANTED.
11/30/2021	Motion for an extension of time to file respondent's brief on the merits filed.
11/30/2021	Application (21A215) to extend the time to file a reply brief on the merits to March 11, 2022, submitted to Justice Kavanaugh.
12/15/2021	Application (21A215) granted by Justice Kavanaugh extending the time to file the reply brief on the merits until March 11, 2022.
12/15/2021	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.
12/29/2021	Blanket Consent filed by Respondent, Sundance, Inc.
12/30/2021	Brief of petitioner Robyn Morgan filed.
12/30/2021	Joint appendix filed. (Statement of costs filed)
01/05/2022	Brief amicus curiae of American Association for Justice filed.
01/06/2022	Brief amicus curiae of The National Academy of Arbitrators filed.
01/06/2022	Brief amici curiae of Law Professors filed.
01/06/2022	Brief amici curiae of Minnesota, Maryland, et al. filed.
01/06/2022	Brief amicus curiae of Public Citizen filed.
01/18/2022	Blanket Consent filed by Petitioner, Robyn Morgan
01/26/2022	Record requested from the U.S.C.A. 8th Circuit.
01/28/2022	ARGUMENT SET FOR Monday, March 21, 2022.
02/04/2022	Brief of respondent Sundance, Inc. filed.
02/09/2022	Brief amicus curiae of Washington Legal Foundation filed.
02/11/2022	CIRCULATED
02/11/2022	Brief amicus curiae of Restaurant Law Center filed. (Distributed)
02/11/2022	Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
03/11/2022	Reply of petitioner Robyn Morgan filed. (Distributed)
03/21/2022	Argued. For petitioner: Karla A. Gilbride, Washington, D. C. For respondent: Paul D. Clement, Washington, D. C.
05/23/2022	Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
06/24/2022	JUDGMENT ISSUED