Allied-Bruce Terminix Cos., Inc. v. Dobson

513 U.S. 265, 115 S. Ct. 834, 130 L. Ed. 2d 753, 1995 U.S. LEXIS 689
CourtSupreme Court of the United States
DecidedJanuary 18, 1995
Docket93-1001
StatusPublished
Cited by1,604 cases

This text of 513 U.S. 265 (Allied-Bruce Terminix Cos., Inc. v. Dobson) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allied-Bruce Terminix Cos., Inc. v. Dobson, 513 U.S. 265, 115 S. Ct. 834, 130 L. Ed. 2d 753, 1995 U.S. LEXIS 689 (1995).

Opinions

[268]*268Justice Breyer

delivered the opinion of the Court.

This case concerns the reach of § 2 of the Federal Arbitration Act. That section makes enforceable a written arbitration provision in “a contract evidencing a transaction involving commerce.” 9 U. S. C. § 2 (emphasis added). Should we read this phrase broadly, extending the Act’s reach to the limits of Congress’ Commerce Clause power? Or, do the two italicized words — “involving” and “evidencing” — significantly restrict the Act’s application? We conclude that the broader reading of the Act is the correct one, and we reverse a State Supreme Court judgment to the contrary.

I

In August 1987, Steven Gwin, a respondent who owned a house in Birmingham, Alabama, bought a lifetime “Termite Protection Plan” (Plan) from the local office of Allied-Bruce Terminix Companies, a franchise of Terminix International Company. In the Plan, Allied-Bruce promised “to protect” Gwin’s house “against the attack of subterranean termites,” to reinspect periodically, to provide any “further treatment found necessary,” and to repair, up to $100,000, damage caused by new termite infestations. App. 69. Terminix International “guarantee^] the fulfillment of the terms” of the Plan. Ibid. The Plan’s contract document provided in writing that

“any controversy or claim .. . arising out of or relating to the interpretation, performance or breach of any provision of this agreement shall be settled exclusively by arbitration.” Id., at 70 (emphasis added).

In the spring of 1991, Mr. and Mrs. Gwin, wishing to sell their house to Mr. and Mrs. Dobson, had Allied-Bruce reinspect the house. They obtained a clean bill of health. But no sooner had they sold the house and transferred the Plan to Mr. and Mrs. Dobson than the Dobsons found the house swarming with termites. Allied-Bruce attempted to treat [269]*269and repair the house, but the Dobsons found Allied-Bruce’s efforts inadequate. They therefore sued the Gwins, and (along with the Gwins, who cross-claimed) also sued Allied-Bruce and Terminix in Alabama state court. Allied-Bruce and Terminix, pointing to the Plan’s arbitration clause and §2 of the Federal Arbitration Act, immediately asked the court for a stay, to allow arbitration to proceed. The court denied the stay. Allied-Bruce and Terminix appealed.

The Supreme Court of Alabama upheld the denial of the stay on the basis of a state statute, Ala. Code §8-1-41(3) (1993), making written, predispute arbitration agreements invalid and “unenforceable.” 628 So. 2d 354, 355 (1993). To reach this conclusion, the court had to find that the Federal Arbitration Act, which pre-empts conflicting state law, did not apply to the termite contract. It made just that finding. The court considered the federal Act inapplicable because the connection between the termite contract and interstate commerce was too slight. In the court’s view, the Act applies to a contract only if “ ‘at the time [the parties entered into the contract] and accepted the arbitration clause, they contemplated substantial interstate activity.’” Ibid, (emphasis in original) (quoting Metro Industrial Painting Corp. v. Terminal Constr. Co., 287 F. 2d 382, 387 (CA2) (Lumbard, C. J., concurring), cert. denied, 368 U. S. 817 (1961)). Despite some interstate activities (e. g., Allied-Bruce, like Terminix, is a multistate firm and shipped treatment and repair material from out of state), the court found that the parties “contemplated” a transaction that was primarily local and not “substantially” interstate.

Several state courts and Federal District Courts, like the Supreme Court of Alabama, have interpreted the Act’s language as requiring the parties to a contract to have “contemplated” an interstate commerce connection. See, e. g., Burke County Public Schools Bd. of Ed. v. Shaver Partnership, 303 N. C. 408, 417-420, 279 S. E. 2d 816, 822-823 (1981); R. J. Palmer Constr. Co. v. Wichita Band Instrument Co., 7 Kan. [270]*270App. 2d 363, 367, 642 P. 2d 127, 130 (1982); Lacheney v. Profitkey Int’l, Inc., 818 F. Supp. 922, 924 (ED Va. 1993). Several federal appellate courts, however, have interpreted the same language differently, as reaching to the limits of Congress’ Commerce Clause power. See, e. g., Foster v. Turley, 808 F. 2d 38, 40 (CA10 1986); Robert Lawrence Co. v. Devonshire Fabrics, Inc., 271 F. 2d 402, 406-407 (CA2 1959), cert. dism’d, 364 U. S. 801 (1960); cf. Snyder v. Smith, 736 F. 2d 409, 417-418 (CA7), cert. denied, 469 U. S. 1037 (1984). We granted certiorari to resolve this conflict, 510 U. S. 1190 (1994); and, as we said, we conclude that the broader reading of the statute is the right one.

II

Before we can reach the main issues in this case, we must set forth three items of legal background.

First, the basic purpose of the Federal Arbitration Act is to overcome courts’ refusals to enforce agreements to arbitrate. See Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U. S. 468, 474 (1989). The origins of those refusals apparently lie in “ ‘ancient times,’ ” when the English courts fought “ ‘for extension of jurisdiction — all of them being opposed to anything that would altogether deprive every one of them of jurisdiction.’ ” Bernhardt v. Polygraphic Co. of America, Inc., 350 U. S. 198, 211, n. 5 (1956) (Frankfurter, J., concurring) (quoting United States Asphalt Refining Co. v. Trinidad Lake Petroleum Co., 222 F. 1006, 1007 (SDNY 1915), in turn quoting Scott v. Avery, 5 H. L. Cas. 811 (1856) (Campbell, L. J.)). American courts initially followed English practice, perhaps just “ ‘standing] . . . upon the antiquity of the rule’ ” prohibiting arbitration clause enforcement, rather than “ ‘upon its excellence or reason.’” Bernhardt v. Polygraphic Co., supra, at 211, n. 5 (quoting United States Asphalt Refining Co., supra, at 1007). Regardless, when Congress passed the Arbitration Act in 1925, it was “motivated, first and foremost, by a [271]*271... desire” to change this antiarbitration rule. Dean Witter Reynolds Inc. v. Byrd, 470 U. S. 213, 220 (1985). It intended courts to “enforce [arbitration] agreements into which parties had entered,” ibid, (footnote omitted), and to “place such agreements ‘upon the same footing as other contracts/ ” Volt Information Sciences, Inc., supra, at 474 (quoting Scherk v. Alberto-Culver Co., 417 U. S. 506, 511 (1974)).

Second, some initially assumed that the Federal Arbitration Act represented an exercise of Congress’ Article III power to “ordain and establish” federal courts, U. S. Const., Art. Ill, § 1. See Southland Corp. v. Keating, 465 U. S. 1, 28, n. 16 (1984) (O’Connor, J., dissenting) (collecting cases).

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Bluebook (online)
513 U.S. 265, 115 S. Ct. 834, 130 L. Ed. 2d 753, 1995 U.S. LEXIS 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allied-bruce-terminix-cos-inc-v-dobson-scotus-1995.