SCOTUS grants review in arbitration case

The Supreme Court of the United States (SCOTUS) accepted on Nov. 15 one case to its merits docket, Morgan v. Sundance, Inc. The case concerns arbitration clauses and the court’s ruling in AT&T Mobility LLC v. Concepcion (2011). Morgan originated from the U.S. Court of Appeals for the 8th Circuit.

In AT&T Mobility LLC v. Concepcion (2011), SCOTUS held that lower courts must consider and treat arbitration agreements equally with other types of contracts and enforce them according to their terms under the Federal Arbitration Act of 1925 (FAA).

The following timeline details key events in Morgan v. Sundance, Inc.:

  • Nov. 15, 2021: The U.S. Supreme Court agreed to hear the case.
  • Aug. 27, 2021: Robyn Morgan appealed to the U.S. Supreme Court, asking the court to consider
    • “Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate this Court’s instruction that lower courts must ‘place arbitration agreements on an equal footing with other contracts?’ AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011)”
  • March 30, 2021: The 8th Circuit reversed the U.S. District Court for the Southern District of Iowa’s order denying Sundance, Inc.’s motion to compel arbitration for Robyn Morgan’s claims.

The case has not yet been scheduled for argument. 

To date, the court has agreed to hear 49 cases during its 2021-2022 term. Three cases were dismissed, and one case was removed from the argument calendar. Sixteen cases have not yet been scheduled for argument.

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