2005 Supreme Court term

Buckeye Check Cashing, Inc. v. Cardegna (11/29/05)

Dockets 04-1264Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

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Background and question before the Court

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What each side argues

Buckeye Check Cashing, Inc. (Petitioner)

Source-limited. The record does not yet support a complete account.

Cardegna (Respondent)

According to Mr. Landau (respondent), according to Mr. Landau (respondent), respondent argues that the challenge is to the legality of the underlying contract, and they seek judicial resolution despite having agreed to arbitrate all issues, including the contract’s validity.

According to Mr. Bland (respondent), according to Mr. Bland (respondent), respondent contends that Federal law preempts State law only when Congress clearly intends, and the statutory language is the key guide.

According to Mr. Bland, respondent states that an arbitration provision is enforceable if it is in a contract evidencing interstate commerce.

According to Petitioner (Mr. Landau), according to Petitioner (Mr. Landau), petitioner (Mr. Landau) argues that requiring the contract to be a precondition is inconsistent with Prima Paint.

What happened at oral argument

According to Justice Stevens, justice Stevens questioned whether the merits issue is the same as the legality issue under the contract.

Justice Stevens asked about the desire for a neutral decision‑maker.

Justice Scalia asked “Why?”.

According to Justice Stevens, justice Stevens inquired whether the ultimate decision would be made by the Florida Supreme Court.

According to Justice Breyer, justice Breyer questioned the separability of an arbitration clause in a voidable contract.

According to Chief Justice Roberts, chief Justice Roberts noted that the case was submitted.

What the Court decided

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Why it matters

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Terms to know

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Primary sources

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  • ebfe10b3e6a7a4cde26e-r1-bed4e3827b849bec.pdforal argument transcript

Guide generated September 21, 2026. Automated validation accepted this version.