No. 21-747

Power Home Solar, LLC v. James Rickenbaugh, et al.

Lower Court: North Carolina
Docketed: 2021-11-22
Status: Dismissed
Type: Paid
Response Requested
Tags: arbitrability bilateral-arbitration class-arbitration clear-and-unmistakable-evidence delegation-of-authority federal-arbitration-act
Key Terms:
Arbitration Privacy ClassAction
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Whether the incorporation of AAA rules into an arbitration agreement constitutes clear and unmistakable evidence that the parties agreed to have an arbitrator determine the availability of class arbitration

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether, pursuant to the Federal Arbitration Act, the incorporation of AAA rules into an arbitration agreement constitutes clear and unmistakable evidence that the parties agreed to have an arbitrator determine the availability of class arbitration, where the rules identified by the parties’ agreement are silent as to the availability of class arbitration? 2. Whether the question of the availability of class arbitration is an issue that requires a clear and unmistakable statement of the parties’ intent to delegate the question to an arbitrator beyond what is required to delegate questions of arbitrability in the bilateral context? i

Docket Entries

2022-06-27
Petition Dismissed - Rule 46.
2022-06-15
Joint motion to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
2022-03-01
Motion to extend the time to file a response is granted and the time is further extended to and including June 13, 2022.
2022-02-23
Motion to extend the time to file a response from March 14, 2022 to June 13, 2022, submitted to The Clerk.
2022-02-09
Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2022.
2022-02-03
Motion to extend the time to file a response from February 10, 2022 to March 14, 2022, submitted to The Clerk.
2022-01-11
Response Requested. (Due February 10, 2022)
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2021-11-08
Petition for a writ of certiorari filed. (Response due December 22, 2021)

Attorneys

James and Mary Rickenbaugh, et al.
Bo CaudillVillmer Caudill, PLLC, Respondent
Bo CaudillVillmer Caudill, PLLC, Respondent
Power Home Solar, LLC
James P. Cooney IIIWomble Bond Dickinson (US) LLP, Petitioner
James P. Cooney IIIWomble Bond Dickinson (US) LLP, Petitioner