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At the Lectern

Arbitration opinion filing tomorrow

August 10, 2025

On Monday morning, the Supreme Court will file its opinion in Hohenshelt v. Superior Court. (Briefs (lots of them) here; oral argument video here.)

The case is expected to decide whether the Federal Arbitration Act (9 U.S.C. § 1 et seq.) preempts state statutes prescribing the procedures for paying arbitration fees and providing for forfeiture of the right to arbitrate if timely payment is not made by the party who drafted the arbitration agreement and who is required to pay such fees. The court granted review in June 2024. More about the case here.

This will be the second of eight opinions argued in late May.

The opinion can be viewed tomorrow starting at 10:00 a.m.

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