Supreme Court of the United States · Official docket →
Ginger Atherton v. Key Bank, N.A.
Paid petition · Court of Appeals of Washington, Division 1, No. 83104-6-I · judgment August 22, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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When there is a valid and enforceable agreement to arbitrate, and the dispute is within the scope of the arbitration agreement, does the FAA preempt state courts from construing their statutes to allow courts, not arbitrators, primary jurisdiction to decide whether conditions precedent that were not as to arbitrability have occurred?
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When there is a valid and enforceable agreement to arbitrate, and the dispute is within the scope of the arbitration agreement, does the FAA prohibit state courts from looking through a motion to compel arbitration to decide whether an unfulfilled condition precedent has excused a party’s failure to perform its obligations under the agreement?
Counsel of record
For petitioner
Dennis John McGlothin
Western Washington Law Group, PLLC
For respondent
Estera Felice Gordon
Miller Nash LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 12 2023Petition DENIED.
- Jun 05 2023Supplemental brief of petitioner Ginger Atherton filed. (Distributed)
- May 23 2023DISTRIBUTED for Conference of 6/8/2023.
- May 22 2023Reply of petitioner Ginger Atherton filed. (Distributed)
- May 08 2023Brief of respondent Key Bank, N.A. in opposition filed.
- Apr 20 2023Certificate of Service of Notice and Waiver of Ginger Atherton not accepted for filing. (April 24, 2023) (Document not of the type that is to be filed)
- Apr 04 2023Petition for a writ of certiorari filed. (Response due May 8, 2023)