CashCall v. Inetianbor

SCOTUS Denies Cert in CashCall v. Inetianbor

Matthew L.M. Fletcher

Here is the order list.

We posted the cert stage briefs here.

Lower court materials here.

District court materials here.

CashCall v. Inetianbor Cert Stage Briefs

Matthew L.M. Fletcher3 Comments

Here:

CashCall Cert Petition

Inetianbor Cert Opp Brief

Questions presented:

I. Whether there is a non-textual “integrality exception” to the mandatory requirement in the Federal Arbitration Act (“FAA”) that a substitute arbitrator “shall” be appointed by the court whenever the parties’ chosen arbitrator is unavailable for “any … reason”? 9 U.S.C. § 5.

II. Whether a court may void an entire arbitration clause – and force the parties to litigate in court – despite the fact that the parties included a severance provision that, if applied, would render the arbitration clause enforceable?

Lower court materials here.

District court materials here.