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Amazon.com, Inc., et al. v. Bernard Waithaka

Paid petition · United States Court of Appeals for the First Circuit, No. 19-1848 · judgment July 17, 2020


Certiorari denied · June 21, 2021
Pre-decision estimate: 9% cert probability (95% interval 5%–15%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a First Circuit decision below, counsel with five or more prior petitions here, and a dissent in the court below (flagged in the petition).

Question presented

Whether the Federal Arbitration Act’s exemption for classes of workers engaged in foreign or interstate commerce, 9 U.S.C. 1, prevents the Act’s application to local transportation workers who, as a class, are not engaged to transport goods or passengers across state or national boundaries.

Counsel of record

For petitioner
David B. Salmons
Morgan, Lewis & Bockius LLP

For respondent
Shannon Liss-Riordan
Lichten & Liss-Riordan, P.C.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Aug 02 2021
    Rehearing DENIED.
  2. Jul 08 2021
    DISTRIBUTED.
  3. Jun 29 2021
    Petition for Rehearing filed.
  4. Jun 21 2021
    Petition DENIED.
  5. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  6. Jun 01 2021
    Reply of petitioners Amazon.com, Inc., et al. filed. (Distributed)
  7. May 12 2021
    Motion to delay distribution of the petition for a writ certiorari until June 1, 2021 granted.
  8. May 11 2021
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 25, 2021 to June 1, 2021, submitted to The Clerk.
  9. May 07 2021
    Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed.
  10. May 07 2021
    Brief of respondent Bernard Waithaka in opposition filed.
  11. Apr 07 2021
    Response Requested. (Due May 7, 2021)
  12. Apr 05 2021
    Supplemental brief of petitioners Amazon.com, Inc., et al. filed. (Distributed)
  13. Mar 24 2021
    DISTRIBUTED for Conference of 4/16/2021.
  14. Jan 29 2021
    Petition for a writ of certiorari filed. (Response due March 10, 2021)