No. 18-1565

Matt A. Rogers v. SWEPI LP, et al.

Lower Court: Sixth Circuit
Docketed: 2019-06-21
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: arbitrability arbitration-provision arbitration-validity contract-formation contract-validity delegation-of-arbitrability federal-law federal-preemption first-options-standard prima-paint-doctrine severability severability-doctrine state-law
Key Terms:
Arbitration Privacy
Latest Conference: 2019-11-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the severability doctrine applies to determine arbitrability in the absence of clear and unmistakable evidence that the parties delegated that issue to an arbitrator, whether courts must rely on state or federal law in determining if a contractual defense is one of contract formation or validity, and whether a contractual defense directed solely at the arbitration provision must be decided by an arbitrator simply because it could apply to other contract provisions

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the severability doctrine first announced in Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395, 402-05 (1967), applies in determining who decides arbitrability in the absence of clear and unmistakable evidence that the parties delegated that issue to an arbitrator, as required by First Options of Chicago v. Kaplan, 514 U.S. 938, 944-45 (1995). 2. Whether courts must rely on state law or federal law in determining whether a contractual defense to arbitration is one of contract formation or one of validity for purposes of applying the severability doctrine. 3. Whether a contractual defense directed solely to the validity of an arbitration provision must be decided by an arbitrator simply because that defense could apply to other provisions in the contract containing the arbitration provision.

Docket Entries

2019-11-04
Petition DENIED.
2019-10-16
DISTRIBUTED for Conference of 11/1/2019.
2019-10-11
Reply of petitioner Matt Rogers filed.
2019-09-30
Brief of respondents SWEPI, LP, et al. in opposition filed.
2019-08-09
Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2019.
2019-08-08
Motion to extend the time to file a response from August 29, 2019 to September 30, 2019, submitted to The Clerk.
2019-07-30
Response Requested. (Due August 29, 2019)
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-06-27
Waiver of right of respondents SWEPI, LP, et al. to respond filed.
2019-06-19
Petition for a writ of certiorari filed. (Response due July 22, 2019)
2019-05-13
Application (18A1169) granted by Justice Sotomayor extending the time to file until June 19, 2019.
2019-05-09
Application (18A1169) to extend the time to file a petition for a writ of certiorari from May 20, 2019 to June 19, 2019, submitted to Justice Sotomayor.

Attorneys

Matt Rogers
Robert Sabre SafiSusman Godfrey L.L.P., Petitioner
Robert Sabre SafiSusman Godfrey L.L.P., Petitioner
SWEPI, LP, et al.
Neal Kumar KatyalHogan Lovells US LLP, Respondent
Neal Kumar KatyalHogan Lovells US LLP, Respondent
Mark D. FeczkoK & L Gates, LLP, Respondent
Mark D. FeczkoK & L Gates, LLP, Respondent