No. 21-111

NC Financial Solutions of Utah, LLC v. Virginia, ex rel. Mark R. Herring, Attorney General

Lower Court: Virginia
Docketed: 2021-07-27
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: arbitration arbitration-agreement civil-procedure contract-interpretation due-process federal-preemption individual-relief litigation-exception non-signatory standing state-attorney-general
Key Terms:
Arbitration EmploymentDiscrimina ClassAction JusticiabilityDoctri
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (AI Summary)

Whether a state attorney general who is not a signatory to an arbitration agreement may bring claims that are covered by the agreement and seek individualized relief on those claims on behalf of persons who are signatories to the agreement and thus would be required to arbitrate if they brought those claims themselves

Question Presented (OCR Extract)

QUESTION PRESENTED Virginia’s attorney general brought this case against petitioner under state law, seeking individualized relief on behalf of people who borrowed money from petitioner pursuant to a loan agreement. That agreement contains a provision requiring individual arbitration of any claim “arising from or relating directly or indirectly to this Agreement,” including “claims asserted on [the borrower’s] behalf by another person.” Although the attorney general’s claims for individualized relief would indisputably be covered by the agreement to arbitrate if asserted by the borrowers themselves, the Virginia Supreme Court held that the attorney general could assert those claims on the borrowers’ behalf in litigation because he was not a signatory to, and therefore not bound by, the arbitration agreement. The question presented is: Whether a state attorney general who is not a signatory to an arbitration agreement may bring claims that are covered by the agreement and seek individualized relief on those claims on behalf of persons who are signatories to the agreement and thus would be required to arbitrate if they brought those claims themselves. @

Docket Entries

2021-12-06
Petition DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-15
Reply of petitioner NC Financial Solutions of Utah, LLC filed. (Distributed)
2021-10-29
Brief of respondent Commonwealth of Virginia ex rel. Mark R. Herring, Attorney General in opposition filed.
2021-09-01
Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2021.
2021-08-31
Motion to extend the time to file a response from September 29, 2021 to October 29, 2021, submitted to The Clerk.
2021-08-30
Response Requested. (Due September 29, 2021)
2021-08-20
Brief amicus curiae of Professor George A. Bermann filed. (Distributed)
2021-08-18
DISTRIBUTED for Conference of 9/27/2021.
2021-08-16
Waiver of right of respondent Commonwealth of Virginia ex rel. Mark R. Herring, Attorney General to respond filed.
2021-07-23
Petition for a writ of certiorari filed. (Response due August 26, 2021)

Attorneys

Commonwealth of Virginia ex rel. Mark R. Herring, Attorney General
Michelle Shane KallenVirginia Office of the Attorney General, Respondent
Michelle Shane KallenVirginia Office of the Attorney General, Respondent
NC Financial Solutions of Utah, LLC
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Professor George A. Bermann
Elliot FriedmanFreshfields Bruckhaus Deringer US LLP, Amicus
Elliot FriedmanFreshfields Bruckhaus Deringer US LLP, Amicus