HOWARD v. FERRELLGAS PARTNERS, L.P.

No. 13-3061.

748 F.3d 975 (2014)

Randy HOWARD, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. FERRELLGAS PARTNERS, L.P.; Ferrellgas, L.P.; Ferrellgas, Inc., Defendants-Appellants, and Does 1 Through 25, Defendants.

United States Court of Appeals, Tenth Circuit.

April 8, 2014.


Attorney(s) appearing for the Case

Peter W. Herzog III of Bryan Cave LLP, St. Louis, MO ( Kathryn R. DeBord of Bryan Cave LLP, Denver, CO, with him on the briefs), for Defendants-Appellants.

Charles Slidders of Milberg LLP, New York, NY ( R. Frederick Walters of Walters Bender Strohbehn & Vaughan, P.C., Kansas City, MO, and Peggy Wedgworth of Milberg LLP, New York, NY, with him on the brief), for Plaintiff-Appellee.

Before KELLY, GORSUCH, and HOLMES, Circuit Judges.


GORSUCH, Circuit Judge.

Everyone knows the Federal Arbitration Act favors arbitration. But before the Act's heavy hand in favor of arbitration swings into play, the parties themselves must agree to have their disputes arbitrated. While Congress has chosen to preempt state laws that aim to channel disputes into litigation rather than arbitration, even under the FAA it remains a "fundamental principle" that "arbitration is a matter of contract," not something...

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