Morgan v. Sundance, Inc.

U.S. Supreme Court

Question(s) Presented

Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate this Court's instruction that lower courts must “place arbitration agreements on an equal footing with other contracts?” AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011).

Tab Group

Merits Stage

U.S. Supreme Court holds in narrow opinion that waiver of the right to arbitrate does not require a showing of prejudice, only knowing relinquishment

May 23, 2022

Click here to view the opinion. Although the Chamber filed an amicus brief opposing this outcome, the Supreme Court left open on remand whether it would be appropriate to apply a different procedural framework requiring a showing of prejudice (such as forfeiture).

U.S. Chamber files Supreme Court merits-stage amicus brief arguing that prejudice is required before barring a defendant from invoking an arbitration agreement as a litigation defense

February 11, 2022

Click here to view the Chamber’s amicus brief. Zachary D. Tripp and Joshua Halpern of Weil, Gotshal & Manges and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents

Eighth Circuit Opinion -- Morgan v. Sundance, Inc. (Eighth Circuit).pdf

U.S. Chamber Amicus Brief -- Morgan v. Sundance, Inc. (Supreme Court).pdf

Opinion -- Morgan v. Sundance, Inc. (Supreme Court).pdf