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Dolores Gutierrez, et al. v. Wells Fargo Bank, NA, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-16820, 16-16823 · judgment May 10, 2018

Certiorari denied · January 22, 2019

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

Is the Federal Arbitration Act’s goal of “providing efficient streamlined procedures tailored to the type of dispute,” AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 334-35 (2011), compromised by allowing a defendant to forego arbitration against named class representative plaintiffs, and then successfully assert arbitration years later against the subsequently certified class members?

Counsel of record

For petitioner
Bruce S. Rogow
Bruce S. Rogow, P.A.

For respondent
Mark W. Mosier
Covington & Burling, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

Jan 22 2019
Petition DENIED.
Jan 02 2019
DISTRIBUTED for Conference of 1/18/2019.
Dec 28 2018
Reply of petitioners Dolores Gutierrez, et al. filed.
Dec 13 2018
Brief of respondents WELLS FARGO BANK, NA, et al. in opposition filed.
Nov 06 2018
Petition for a writ of certiorari filed. (Response due December 13, 2018)