Supreme Court Report

Supreme Court of the United States · Official docket →

Matt A. Rogers v. SWEPI LP, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-3229 · judgment December 10, 2018

Certiorari denied · November 4, 2019
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

  1. Whether the severability doctrine first announced in Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395, 402–05 (1967), applies in determining who decides arbitrability in the absence of clear and unmistakable evidence that the parties delegated that issue to an arbitrator, as required by First Options of Chicago v. Kaplan, 514 U.S. 938, 944–45 (1995).

  2. Whether courts must rely on state law or federal law in determining whether a contractual defense to arbitration is one of contract formation or one of validity for purposes of applying the severability doctrine.

  3. Whether a contractual defense directed solely to the validity of an arbitration provision must be decided by an arbitrator simply because that defense could apply to other provisions in the contract containing the arbitration provision.

Counsel of record

For petitioner
Robert Sabre Safi
Susman Godfrey L.L.P.

For respondent
Neal Kumar Katyal
Milbank LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
18A1169

Proceedings

  1. Nov 04 2019
    Petition DENIED.
  2. Oct 16 2019
    DISTRIBUTED for Conference of 11/1/2019.
  3. Oct 11 2019
    Reply of petitioner Matt Rogers filed.
  4. Sep 30 2019
    Brief of respondents SWEPI, LP, et al. in opposition filed.
  5. Aug 09 2019
    Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2019.
  6. Aug 08 2019
    Motion to extend the time to file a response from August 29, 2019 to September 30, 2019, submitted to The Clerk.
  7. Jul 30 2019
    Response Requested. (Due August 29, 2019)
  8. Jul 17 2019
    DISTRIBUTED for Conference of 10/1/2019.
  9. Jun 27 2019
    Waiver of right of respondents SWEPI, LP, et al. to respond filed.
  10. Jun 19 2019
    Petition for a writ of certiorari filed. (Response due July 22, 2019)
  11. May 13 2019
    Application (18A1169) granted by Justice Sotomayor extending the time to file until June 19, 2019.
  12. May 09 2019
    Application (18A1169) to extend the time to file a petition for a writ of certiorari from May 20, 2019 to June 19, 2019, submitted to Justice Sotomayor.
    Main Document