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Sequoia Capital Operations, LLC v. Jessica Gingras, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-2019, 16-2132, 16-2135, 16-2138, 16-2140 · judgment April 24, 2019

Certiorari denied · January 13, 2020

Pre-decision estimate: 8% cert probability (95% interval 6%–12%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Where an arbitration agreement contains a separate “delegation provision” that reserves for an arbitrator the authority to decide any disputes concerning arbitrability, does Section 2 of the Federal Arbitration Act require a court to decide any challenge to that provision’s validity before the court may proceed to address whether the parties’ underlying dispute is arbitrable?

Counsel of record

For petitioner
Todd Raymond Geremia
Jones Day

For respondent
Matthew B. Byrne
Gravel & Shea, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

Jan 13 2020
Petition DENIED.
Dec 11 2019
DISTRIBUTED for Conference of 1/10/2020.
Dec 10 2019
Reply of petitioners SEQUOIA CAPITAL OPERATIONS, LLC; TCV V, L.P. filed.
Nov 26 2019
Brief of respondents Jessica Gingras, et al. in opposition filed.
Oct 04 2019
Motion to extend the time to file a response is granted and the time is extended to and including November 26, 2019.
Oct 01 2019
Motion to extend the time to file a response from October 11, 2019 to November 26, 2019, submitted to The Clerk.
Sep 11 2019
Petition for a writ of certiorari filed. (Response due October 11, 2019)