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

Paid petition · Superior Court of North Carolina, Mecklenburg County, No. 19 CVS 244 · judgment December 20, 2019


Dismissed · June 27, 2022
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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?

Counsel of record

For petitioner
James P. Cooney III
Womble Bond Dickinson (US) LLP

For respondent
Bo Caudill
Villmer Caudill, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

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