No. 23-269

Charles Juntikka v. Cadell & Chapman, et al.

Lower Court: Ninth Circuit
Docketed: 2023-09-20
Status: Denied
Type: Paid
Response Waived
Tags: arbitration-agreement arbitrator-decision civil-procedure contract-interpretation due-process equity-doctrine federal-arbitration-act serious-error stolt-nielsen-v-animal-feeds supreme-court-precedent
Key Terms:
Arbitration JusticiabilityDoctri ClassAction
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Does the Eastern Associated Coal Corp. v. United Mine Workers holding that an arbitrator's 'serious error' does not suffice to overturn an arbitrator's decision include the 'serious' legal error of ignoring the terms of an arbitration agreement in favor of a decision based solely on 'equity' in violation of this Court's precedent?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Does the Eastern Associated Coal Corp. v. United Mine Workers, 531 U.S. 57, 62 (2000) holding that an arbitrator’s “serious error does not suffice to overturn” or vacate an arbitrator’s decision include the “serious” legal error of ignoring the of terms of an arbitration agreement in favor of a decision based solely on “equity” in violation of this Court’s precedent including Stolt-Nielsen S.A. v. Animal Feeds Int'l Corp., 559 U.S. 662, 682 (2010) and the FAA’s mandate that arbitrators base their judgments on the interpretation of the terms of the arbitral contract? 2. If Radcliffe is left undisturbed, will the FAA’s limited right to seek vacatur be effectively neutered in the Ninth Circuit, roiling arbitration practice in the Ninth Circuit in ways contrary to Supreme Court precedent as followed by the Eighth, Fifth and Third Circuits?

Docket Entries

2023-11-20
Petition DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-09-25
Waiver of right of respondents Cadell & Chapman, et al. to respond filed.
2023-09-01
Petition for a writ of certiorari filed. (Response due October 20, 2023)
2023-06-22
Application (22A1106) granted by Justice Kagan extending the time to file until September 1, 2023.
2023-06-19
Application (22A1106) to extend the time to file a petition for a writ of certiorari from July 3, 2023 to September 1, 2023, submitted to Justice Kagan.

Attorneys

Cadell & Chapman, et al.
Amy Elizabeth TaborCaddell and Chapman, Respondent
Amy Elizabeth TaborCaddell and Chapman, Respondent
Charles Juntikka
Charles W. JuntikkaCharles W. Juntikka and Associates, LLP, Petitioner
Charles W. JuntikkaCharles W. Juntikka and Associates, LLP, Petitioner