Supreme Court Report

Supreme Court of the United States · Official docket →

Credit One Bank, N.A. v. Orrin S. Anderson

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-2496 · judgment March 7, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 11% cert probability (95% interval 7%–17%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Second Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Whether an agreement that requires a customer to resolve a dispute through arbitration is enforceable under the Federal Arbitration Act, 9 U.S.C. §1 et seq., notwithstanding the provisions of the Bankruptcy Code providing for a statutorily enforceable discharge of a debtor’s debts. (i)

Counsel of record

For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
George Fortune Carpinello
BOIES SCHILLER FLEXNER LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 15 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Aug 15 2018
    Reply of petitioner Credit One Bank, N.A. filed. (Distributed)
  4. Aug 01 2018
    Brief of respondent Orrin S. Anderson in opposition filed.
  5. Jul 02 2018
    Response Requested. (Due August 1, 2018)
  6. Jun 13 2018
    DISTRIBUTED for Conference of 9/24/2018.
  7. Jun 08 2018
    Waiver of right of respondent Orrin S. Anderson to respond filed.
  8. Jun 05 2018
    Petition for a writ of certiorari filed. (Response due July 9, 2018)