Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
04-1264
Term
2005 Term
Oral Argument Date
November 29, 2005
Questions Presented
Whether the Florida Supreme Court erred by holding, consistent with the Alabama Supreme Court but in direct conflict with six federal courts of appeals, that the Federal Arbitration Act allows a party to avoid arbitration by claiming that the underlying contract containing an arbitration clause (but not the arbitration clause itself) is void for illegality.
Case Updates
Supreme Court decides arbitrability of allegedly illegal contracts
February 21, 2006
The Supreme Court reversed the Florida Supreme Court's decision.
U.S. Chamber files amicus brief
August 12, 2005
Relying on the Supreme Court's decision in Prima Paint Corp. v. Flood & Conklin Manufacturing Co., NCLC urged the Supreme Court to reverse the Florida Supreme Court's decision barring arbitration of asserted illegal contracts even where there is no dispute that both parties assented to arbitration at the time of contracting. In this case, the plaintiffs asserted that the check cashing contract incorporated usurious loan terms, but did not contest that they had agreed to arbitrate any matter “arising from or related to this Agreement.”
Cert. petition granted
June 20, 2005
U.S. Chamber urges Supreme Court to review arbitrability of allegedly illegal contracts
May 23, 2005
Click here to view the Chamber's amicus brief.
Case Documents
- Buckeye Check Cashing, Inc. v. Cardegna, et al. (NCLC Brief Supporting Cert.).pdf
- Buckeye Check Cashing, Inc. v. Cardegna, et al. (NCLC Brief on Merits).pdf