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Four finalists to argue before panel of federal judges in 2019 Keedy Cup Final

January 22, 2019

For more than five decades, the Keedy Cup — Penn Law’s intramural moot court tournament — has offered students invaluable hands-on experience briefing and arguing cases on some of the most significant issues of the day. The competition is named for its founder, the late Dean Edwin R. Keedy (1880-1958). Students can enter the preliminary rounds in the spring of their 2L year, when they write a brief and argue a pending U.S. Supreme Court case and are judged by a panel of practicing lawyers and judges.

This week, on January 24, Penn Law will hold the Keedy Final, where the top four students from the quarterfinal and semifinal rounds brief and argue a new case before distinguished judges from across the country, and the entire Penn Law community. This year’s finalists are Charles Nary L’19 and Patrick Reischl L’19 for the Petitioner, and Steven Mills L’19 and Greta Wiessner L’19 for the Respondent.

The case they will argue is New Prime, Inc. v. Oliveira, in which a truck driver seeks to bring a class action suit against New Prime in federal court. New Prime insists that the case should proceed to arbitration instead, based upon the signed arbitration agreement between the company and Mr. Oliveira. The teams will argue two questions:

(1) Must a court determine whether the Federal Arbitration Act (FAA) applies to a contract, or is that for the arbitrator to decide? and

(2) Does Section 1 of the FAA, which exempts “contracts of employment” in certain industries, also apply to independent contractor relationships?

The 2019 Keedy Cup Final will be judged by a panel consisting of the Hon. William H. Pryor, Jr., of the U.S. Court of Appeals for the Eleventh Circuit, the Hon. David F. Hamilton of the U.S. Court of Appeals for the Seventh Circuit, and the Hon. Tanya S. Chutkan of the U.S. District Court for the District of Columbia.

The Final will take place January 24 at 4:30pm in the Fitts Auditorium.