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New Prime Inc. v. Dominic Oliveira

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Certiorari Granted on February 26, 2018

The date for argument has not yet been set.

  • Amicus Briefs in support of Petitioner or Neither Party are due within 45 days of grant of certiorari, which would be May 14, 2018

  • Amicus Briefs in support of Respondents are due within 30 days of the filing of the Petitioner's Merits Brief, which would be July 11, 2018 if the Petitioner files on its deadline.

Counsel for Petitioner

Theodore J. Boutrous

Gibson, Dunn & Crutcher LLP

Los Angeles, CA 90071

213-229-7000

tboutrous@gibsondunn.com

Party name: New Prime Inc.

Counsel for Respondent

Jennifer D. Bennett

Public Justice

555 12th Street, Suite 1230

Oakland, CA 94607

(510) 622-8150

jbennett@publicjustice.net

Party name: Dominic Oliveira

Question 1

1. Whether a dispute over applicability of the FAA's Section 1 exemption is an arbitrability issue that must be resolved in arbitration pursuant to a valid delegation clause.

Question 2

2. Whether the FAA's Section 1 exemption, which applies on its face only to "contracts of employment," is inapplicable to independent contractor agreements.