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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: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a business petitioner.

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

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

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.
    Main Document
  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.
    Main Document
  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.
    Main Document
  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)
    PetitionAppendixCertificate of Word CountProof of Service