No. 19-72

PennyMac Financial Services, Inc., et al. v. Richard Smigelski

Lower Court: California
Docketed: 2019-07-15
Status: Denied
Type: Paid
Response Waived
Tags: arbitration-agreement civil-procedure consent federal-arbitration-act legal-fiction preemption state-consent state-law state-party
Key Terms:
Arbitration WageAndHour Privacy ClassAction JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Federal Arbitration Act preempts a state-law rule that prohibits the enforcement of an arbitration agreement in a dispute covered by that agreement unless the State consents, based on the fiction that the State is a party to the lawsuit, when in fact it is not.

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Federal Arbitration Act preempts a statelaw rule that prohibits the enforcement of an arbitration agreement in a dispute covered by that agreement unless the State consents, based on the fiction that the State is a party to the lawsuit, when in fact it is not.

Docket Entries

2019-10-07
Petition DENIED.
2019-08-07
DISTRIBUTED for Conference of 10/1/2019.
2019-07-30
Waiver of right of respondent RICHARD SMIGELSKI to respond filed.
2019-07-09
Petition for a writ of certiorari filed. (Response due August 14, 2019)

Attorneys

PENNYMAC FINANCIAL SERVICES, INC.,, et al.
James Allen BowlesHill, Farrer & Burrill LL P, Petitioner
James Allen BowlesHill, Farrer & Burrill LL P, Petitioner
RICHARD SMIGELSKI
Christopher D. BakerBaker Curtis & Schwartz, P.C., Respondent
Christopher D. BakerBaker Curtis & Schwartz, P.C., Respondent