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Subway Restaurants, Inc. v. Matthew Warciak

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-1956 · judgment January 25, 2018


Certiorari denied · June 25, 2018
Pre-decision estimate: 1% cert probability

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

Question presented

Before this Court decided Arthur Andersen LLP v. Carlisle, 556 U.S. 624 (2009), federal courts had developed a federal version of the equitable estoppel doctrine that permits a non-signatory to enforce an arbitration agreement in certain circumstances. In its decision below, the Seventh Circuit held that the Arthur Andersen Court eliminated the federal equitable estoppel doctrine. It reached that conclusion even though the Arthur Andersen Court never addressed the federal doctrine of equitable estoppel, let alone abrogated it. Meanwhile, other circuits continue to apply the federal doctrine. The question presented is: Whether this Court’s decision in Arthur Andersen LLP v. Carlisle, 556 U.S. 624 (2009), eliminated the federal equitable estoppel doctrine. (i)

Counsel of record

For petitioner
Kristine McAlister Brown
Alston & Bird

For respondent
Roger Joshua Perlstadt
Edelson PC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 25 2018
    Petition DENIED.
  2. Jun 05 2018
    DISTRIBUTED for Conference of 6/21/2018.
  3. May 24 2018
    Waiver of right of respondent Matthew Warciak to respond filed.
  4. May 23 2018
    Petition for a writ of certiorari filed. (Response due June 25, 2018)