Forum
U.S. Supreme Court
Case Status
Docket Number
06-1463
Term
2007 Term
Oral Argument Date
January 14, 2008
Questions Presented
Whether the Federal Arbitration Act and Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 126 S.Ct. 1204 (2006) preempt the holding in this case, voiding an interstate arbitration agreement under the California Talent Agencies Act?
Case Updates
Supreme Court clarifies contract validity decisions by state agencies
February 20, 2008
The Supreme Court clarified that its decision in Buckeye Check Cashing applies with equal force to state administrative agencies’ decisions about contract validity when the contract includes an arbitration provision.
U.S. Chamber files amicus brief
November 08, 2007
NCLC urged the Supreme Court to clarify that its decision in Buckeye Check Cashing v. Cardegna applies with equal force to state administrative agencies’ decisions about contract validity when the contract includes an arbitration provision. In Buckeye Check Cashing, the Court relied on well-established precedent to conclude that arbitrators - not courts - are empowered by the Federal Arbitration Act to resolve issues of contract validity when the validity of the arbitration provision itself is not at issue. In this case, the state trial court held that, under California law, the petitioner must first exhaust administrative remedies with the California Labor Commissioner before seeking relief from an arbitrator. In its brief, NCLC argued that the FAA preempts California law and that decisions about contract validity should be made by arbitrators in the first instance.