New Justice Kavanaugh Gets to Write Unanimous Opinion Reaching Predictable Result

New Supreme Court Justice Brett Kavanaugh's opinion for a unanimous Court will interest arbitration nerds. It holds that if an arbitration agreement (or the rules it incorporates) sends to arbitrators (rather than judges) the issue of which disputes the parties agreed to arbitrate, then a court cannot refuse to enforce that agreement by finding "wholly groundless" the argument that the particular dispute is covered by the arbitration agreement.

The Court's opinion in Henry Schein, Inc. v. Archer & White Sales, Inc., is summarized by Law360, the National Law Review, and Squire Patton Boggs