Comments on: SCOTUS Update: United States Supreme Court Grants Certiorari in Jackson v. Rent-A-Center West, Inc. Arbitration Unconscionability Case

By: Professor Aaron Bruhl’s Analysis of Rent-A-Center, West v. Jackson (No. 09-497) | Loree Reinsurance and Arbitration Law Forum

Tue, 22 Jun 2010 04:11:12 +0000

[...] Professor Aaron Bruhl, an Assistant Professor of Law at the University of Houston Law Center, recently published in PrawfsBlawg a thought-provoking and insightful article on Rent-A-Center West v. Jackson (No. 09-497). (Post here) Regular readers no doubt remember that the United States Supreme Court recently granted certiorari in Rent-A-Center, and will be hearing argument on April 26, 2010. (See our prior posts here and here). [...]

By: International Institute for Conflict Prevention and Resolution Newsletter Features Philip J. Loree Jr. Cover Story on Rent-A-Center and Granite Rock | Loree Reinsurance and Arbitration Law Forum

Tue, 22 Jun 2010 04:08:32 +0000

[...] unmistakably agree to submit arbitrability questions to arbitration. (See our prior posts here, here and here.) Granite Rock, which arises under Section 301 of the Labor Management Relations Act, [...]

By: The United States Supreme Court Adopts Severability Analysis in Rent-A-Center v. Jackson | Loree Reinsurance and Arbitration Law Forum

Tue, 22 Jun 2010 04:04:25 +0000

[...] to the decision we had advocated in the Forum (here and here), and in our cover story published in the March 2010 issue of Alternatives to the High Cost of [...]

By: When Do Cost Provisions in an Arbitration Agreement Effectively Deny a Party a Forum in Which to Vindicate Statutory Rights? | Loree Reinsurance and Arbitration Law Forum

Wed, 26 May 2010 17:23:20 +0000

[...] agree that arbitrators decide arbitrability questions. (Rent-a-Center is discussed here, here, here and [...]

By: SCOTUS Oral Argument in Jackson v. Rent-a-Center West, Inc. Set for April 26, 2010 | Loree Reinsurance and Arbitration Law Forum

Wed, 17 Feb 2010 19:36:27 +0000

[...] United States Supreme Court will reverse. We touched on some of the reasons why in prior posts, here and [...]

By: Philip J. Loree Jr.

Philip J. Loree Jr. — Thu, 21 Jan 2010 02:25:49 +0000

Dan,

Thanks for your very kind comments and support.

Justice Breyer is a brilliant man and a strong supporter of arbitration. I would be honored if one of Justice Breyer’s clerks read this, let alone the Justice himself (or for that matter any member of the Court or any of their clerks)!

This is an exciting Term for arbitration — Keep your eyes on Stolt-Nielsen, this case and Granite Rock.

Phil

By: Dan Dozier

Dan Dozier — Tue, 19 Jan 2010 16:11:36 +0000

Phil — Thanks for this analysis, I really liked your analysis that when the parties agree to “arbitrate arbitrability, the latter agreement is tantamount to an arbitration agreement within an arbitration agreement. One agreement concerns who decides disputes concerning the existence, formation or enforceability of the other agreement. And the other agreement concerns the parties’ obligation to arbitrate all other disputes.” Sets out how to look at the issue very clearly. I hope Justice Breyer reads this.

By: Philip J. Loree Jr.

Philip J. Loree Jr. — Tue, 19 Jan 2010 04:42:23 +0000

Thanks, Don!

This one should prove pretty interesting. My suspicion is that a majority of the Court will vote for a reversal.

Given that Justice Stephen G. Breyer authored First Options, and given that the Ninth Circuit’s rationale would, if adopted by the Supreme Court, render First Options meaningless in a great number of cases that it was probably intended to govern, I would not be surprised if Justice Breyer were to join his more conservative colleagues in voting for a reversal. But one never knows….

Phil

By: Don Philbin

Don Philbin — Tue, 19 Jan 2010 03:59:44 +0000

Phil,

Great analysis of this ongoing topic. We’ll look to you for updates as now two arbitration cases work their way through SCOTUS.

Thanks,

Don