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Eni USA Gas Marketing LLC v. Gulf LNG Energy, LLC, et al.

Paid petition · Supreme Court of Delaware, No. 22, 2020 · judgment November 17, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below, and a business petitioner, and down for a business respondent.

Question presented

Whether the Federal Arbitration Act permits a court to refuse to enforce an arbitration agreement delegating all questions, including questions of arbitrability, to an arbitrator where a party contends that the claim sought to be arbitrated represents a “collateral attack” on a prior arbitration award.

Counsel of record

For petitioner
Joseph J. LoBue
Sheppard Mullin Richter & Hampton LLP

For respondent
David A. O'Neil
Debevoise & Plimpton LLP

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 11 2021
    Brief of respondents Gulf LNG Energy, LLC, et al. in opposition filed.
  4. Jul 07 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 11, 2021.
  5. Jul 06 2021
    Motion to extend the time to file a response from July 12, 2021 to August 11, 2021, submitted to The Clerk.
  6. Jun 10 2021
    Response Requested. (Due July 12, 2021)
  7. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  8. Apr 15 2021
    Petition for a writ of certiorari filed. (Response due May 19, 2021)