No. 22-102

John Doe, et al. v. Airbnb, Inc.

Lower Court: Florida
Docketed: 2022-08-02
Status: Denied
Type: Paid
Amici (1)Response RequestedRelisted (2)
Tags: arbitrability arbitration-agreement clear-and-unmistakable clear-and-unmistakable-evidence contract-interpretation dispute-resolution first-options-v-kaplan presumption procedural-rules
Latest Conference: 2022-12-02 (distributed 2 times)
Question Presented (from Petition)

If a form arbitration agreement provides that an arbitration, if it occurs, will be administered using a particular set of procedural rules, and those rules say an arbitrator has the power to rule on the arbitrability of a claim, is that enough, on its own, to establish "clear and unmistakable evidence" of the contracting parties' intent to have an arbitrator decide the question of arbitrability?

Question Presented (AI Summary)

Whether the provision in an arbitration agreement that the arbitration will be administered under a particular set of procedural rules, which give the arbitrator the power to rule on arbitrability, is sufficient to establish 'clear and unmistakable evidence' of the parties' intent to have the arbitrator decide the question of arbitrability

Docket Entries

2022-12-05
Petition DENIED.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-11-10
2022-10-28
2022-09-28
Response Requested. (Due October 28, 2022)
2022-09-14
DISTRIBUTED for Conference of 10/7/2022.
2022-08-30
2022-08-24
Blanket Consent filed by Respondent, Airbnb, Inc.
2022-08-23
Blanket Consent filed by Petitioner, John and Jane Doe
2022-07-29
Petition for a writ of certiorari filed. (Response due September 1, 2022)
2022-06-21
Application (21A841) granted by Justice Thomas extending the time to file until July 29, 2022.
2022-06-16
Application (21A841) to extend the time to file a petition for a writ of certiorari from June 29, 2022 to August 29, 2022, submitted to Justice Thomas.

Attorneys

Airbnb, Inc.
Raechel Keay KummerMorgan, Lewis & Bockius, LLP, Respondent
John and Jane Doe
Thomas James SeiderBrannock Humphries & Berman, Petitioner
Professor George A. Bermann
Jack Samuel TenenbaumBluhm Legal Clinic, Amicus