« Does arbitrator decide whether arbitration agreement is unconscionable?
Supreme Court fast-tracks arbitration case
January 19, 2010 by Ross Runkel at LawMemo
The US Supreme Court has placed Rent-A-Center West v. Jackson on a "fast track," meaning that briefing will be expedited so the Court can hear the case this term - probably in April.
Petitioner's brief is due February 25.
Respondent's brief is due March 25.
Question presented:
Is the district court required in all cases to determine claims that an arbitration agreement subject to the Federal Arbitration Act ("FAA") is unconscionable, even when the parties to the contract have clearly and unmistakably assigned this "gateway" issue to the arbitrator for decision?
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« Does arbitrator decide whether arbitration agreement is unconscionable?
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