Petition for Writ of Certiorari, American Home Assurance Company v. UMG Recordings, Inc., (U.S. 2010)
September 27, 2010
This petition for a writ of certiorari, filed by Dechert on behalf of American Home Assurance Company, asks the Court to grant certiorari to resolve an entrenched, acknowledged and longstanding conflict among the courts of appeal over the proper construction of the phrase “arising out of” used commonly in arbitration clauses to define the scope of the parties’ arbitration agreement. Most courts of appeals construe the phrase broadly to promote arbitration. The Ninth Circuit, however, construes it narrowly, as it did in this case, denying arbitration where other courts of appeal would require it.