Editor's Note :

Editor's Note :

On Wednesday the court hears oral argument in Sandoz Inc. v. Amgen Inc. John Duffy has our preview.
On Wednesday the court also hears oral argument in Maslenjak v. United States. Amy Howe has our preview.

Rent-A-Center v. Jackson

Docket No. Op. Below Argument Opinion Vote Author Term
09-497 9th Cir. Apr 26, 2010
Tr.
Jun 21, 2010 5-4 Scalia OT 2009

Holding: If after parties agree to arbitrate a dispute rather than take it to court, one side challenges the arbitration provision itself, then a court must decide the challenge. However, if the enforceability of the agreement as a whole is challenged, the challenge must be decided by an arbitrator.

Judgment: Reversed, 5-4, in an opinion by Justice Antonin Scalia on June 21, 2010. Justice Stevens dissented, joined by Justices Ginsburg, Breyer, and Sotomayor.

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