Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

Cert. Denied

Lower Court Opinion

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Questions Presented

Whether the Federal Arbitration Act preempts a state-law rule holding that an arbitration agreement is unenforceable unless it affirmatively explains that the contracting party is waiving the right to sue in court.

Case Updates

Cert. petition denied

June 08, 2015

U.S. Chamber files amicus brief

February 23, 2015

In the coalition brief, the Chamber, joined by the New Jersey Civil Justice Institute, asked the U.S. Supreme Court to summarily reverse a decision of the New Jersey Supreme Court that refused to enforce an arbitration agreement because it did not contain a specific warning that the parties were waiving their right to a jury trial. The brief explained that this holding is directly contrary to the Supreme Court’s decision in Doctors’ Associates, Inc. v. Casarotto, which held that the FAA preempts any “special notice requirement[s]” for arbitration agreements.

The Chamber filed the brief jointly with the New Jersey Civil Justice Institute.

Evan M. Tager and Archis A. Parasharami of Mayer Brown LLP represented the U.S. Chambee of Commerce as co-counsel to the U.S. Chamber Litigation Center.

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