Morgan v. Sundance, No. 21-328 [Arg: 03.21.2022]

Issue(s): Whether the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violates the Supreme Court’s instruction in AT&T Mobility LLC v. Concepcion that lower courts must “place arbitration agreements on an equal footing with other contracts."
QUESTION PRESENTED:

Whether the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violates the Supreme Court’s instruction in AT&T Mobility LLC v. Concepcion that lower courts must “place arbitration agreements on an equal footing with other contracts."

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.
★ Support this podcast on Patreon ★
Morgan v. Sundance, No. 21-328 [Arg: 03.21.2022]
Broadcast by