U.S. Supreme Court to Hear Arguments in Arbitration Unconscionability Case: Rent-A-Center v. Jackson

Oral arguments in Rent-A-Center West v. Jackson, a case that we have been following on this blog, are scheduled at the U.S. Supreme Court on Monday, April 26. Here are some relevant details:

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?

Briefs Filed: (ABA links)

• Brief for Petitioner Rent-A-Center, West, Inc.
• Brief for Respondent Antonio Jackson
• Reply Brief for Petitioner Rent-A-Center, West, Inc.
• Brief for the Equal Employment Advisory Council in Support of Petitioner
• Brief for the Chamber of Commerce of the United States of America in Support of Petitioner
• Brief for American Federation of Labor and Congress of Industrial Organizations in Support of Respondent
• Brief for Professional Arbitrators and Arbitration Scholars in Support of Respondent
• Brief for Lawyers’ Committee for Civil Rights Under Law, Alliance for Justice, Asian American Justice Center, Constitutional Accountability Center, National Partnership for Women & Families, and National Women’s Law Center in Support of Respondent
• Brief for National Association of Consumer Advocates in Support of Respondent
• Brief for American Association for Justice and AARP in Support of Respondent
• Brief for National Consumer Law Center and Consumer Action in Support of Respondent
• Brief for Service Employees International Union, Legal Aid Society – Employment Law Center, National Employment Lawyers Association, National Employment Law Project, Women’s Employment Rights Clinic, and The Employee Rights Advocacy Institute for Law & Policy in Support of Respondent

Related Posts at Contracts Prof Blog:

• Rent-A-Center West v. Jackson II: Respondent’s Brief (April 12, 2010)
• Introducing Karen Halverson Cross and the Arbitration Roundtable (April 13, 2020)
• Karen Halverson Cross: Guest Post on Rent-A-Center v Jackson (April 15, 2010)
• Guest Post by Christopher Drahozal on Rent-A-Center (April 15, 2010)
• Reply Brief in Rent-A-Center West v. Jackson (April 19, 2010)
• Guest Post by Karen Halverson Cross on the Rent-A-Center Reply Brief (April 19, 2010)
• The Next Phase in Challenges to Arbitration Provisions: David Horton in the UCLA Law Review (April 20, 2010)
• Embarrassment of Riches: Guest Post by David Horton (April 21)

Related Posts at Disputing:

• Recent Developments in Arbitration Unconscionability, with links to older posts (March 30, 2010)
• Arbitration Unconscionability Case: New Amicus Curiae Brief (April 6, 2010)

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