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Spirit Airlines, Inc. v. Steven Maizes, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-14415 · judgment August 15, 2018

Certiorari denied · March 18, 2019
Pre-decision estimate: 32% cert probability (95% interval 23%–43%)

Before the decision, about 7.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Must a party overcome a higher burden to show that an arbitration agreement delegates to the arbitrator the power to decide the availability of class arbitration than to show that it delegates the power to decide the availability of bilateral arbitration?

  2. May an arbitration agreement be interpreted to delegate to the arbitrator the power to decide the availability of class arbitration if the agreement lacks an express statement making such a delegation, but instead merely requires the arbitration to be conducted under standard arbitration rules?

Counsel of record

For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

For respondent
David Michael Rosenberg-Wohl
Hershenson Rosenberg-Wohl, A Professional Corporat

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 27 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Feb 26 2019
    Reply of petitioner Spirit Airlines, Inc. filed.
  4. Feb 07 2019
    Brief of respondents Steven Maizes, et al. in opposition filed.
  5. Jan 09 2019
    Brief amicus curiae of Center for Workplace Compliance filed.
  6. Jan 09 2019
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
  7. Dec 20 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 8, 2019.
  8. Dec 18 2018
    Motion to extend the time to file a response from January 9, 2019 to February 8, 2019, submitted to The Clerk.
  9. Dec 10 2018
    Response Requested. (Due January 9, 2019)
  10. Dec 05 2018
    DISTRIBUTED for Conference of 1/4/2019.
  11. Nov 26 2018
    Waiver of right of respondents Steven Maizes, et al. to respond filed.
  12. Nov 13 2018
    Petition for a writ of certiorari filed. (Response due December 13, 2018)