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Michael A. Katz, Individually and on Behalf of All Others Similarly Situated v. Cellco Partnership, dba Verizon Wireless

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-1436 · judgment March 12, 2019

Certiorari denied · October 21, 2019

Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Questions presented

Whether Federal Arbitration Act (“FAA”) § 3 requires the district court to stay the action after it compels arbitration of all claims and a stay is requested by one of the parties.
Whether the standard for voluntary consent prescribed in Wellness Int’l Network, Ltd. v. Sharif, 135 S. Ct. 1932, 1948 (2015), applies under the FAA to the waiver of the constitutional rights (i) to the exercise of the Article III judicial power in connection with state law private rights brought within the jurisdiction of the federal courts, and (ii) to judicial review of nonArticle III rulings of law required under the Due Process Clause of the Fifth Amendment.

Counsel of record

For petitioner
William Robert Weinstein
Law Offices of William R. Weinstein

For respondent
Joshua S. Turner
Wiley Rein LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

Oct 21 2019
Petition DENIED.
Oct 02 2019
DISTRIBUTED for Conference of 10/18/2019.
Sep 27 2019
Reply of petitioner Michael Katz filed.
Sep 13 2019
Brief of respondent Cellco Partnership d/b/a Verizon Wireless in opposition filed.
Aug 14 2019
Response Requested. (Due September 13, 2019)
Jul 17 2019
DISTRIBUTED for Conference of 10/1/2019.
Jul 08 2019
Waiver of right of respondent Cellco Partnership d/b/a Verizon Wireless to respond filed.
Jun 10 2019
Petition for a writ of certiorari filed. (Response due July 15, 2019)