Supreme Court of the United States · Official docket →

Juan Rodriguez-Depena v. Parts Authority, Inc., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-3396 · judgment December 12, 2017

Certiorari denied · June 11, 2018

Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Whether the Second Circuit’s precedent-setting holding that individual Fair Labor Standards Act (“FLSA”) claims are arbitrable, is in conflict with this Court’s decision in Barrentine v. Arkansas-Best Freight Sys. Inc., 450 U.S. 728, 740 (1981), which rejected arbitration under the FLSA?
Whether mandatory/forced arbitration provisions which condition employment on not filing cases in court, violate the FLSA at 29 U.S.C. § 215(a)(3), which prohibits adverse employment actions for filing an FLSA claim in court?

For petitioner
Abdul Karim Hassan
Abdul K. Hassan, Esq.

For respondent
Andrew Paul Marks
Dorf & Nelson LLP

Conference history
Distributed for 1 conference

Jun 11 2018
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
May 22 2018
DISTRIBUTED for Conference of 6/7/2018.
May 07 2018
Waiver of right of respondents Michigan Logistics Inc. and Northeast Logistics Inc. to respond filed.
May 07 2018
Waiver of right of respondent Parts Authority, Inc. to respond filed.
Apr 27 2018
Petition for a writ of certiorari filed. (Response due May 31, 2018)