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James M. Perna v. Health One Credit Union, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-1965 · judgment December 21, 2020


Certiorari denied · June 28, 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, counsel who has filed here before, and a Sixth Circuit decision below.

Question presented

Whether a grant of a writ of certiorari is warranted where, if left without review, the decision of the United States Court of Appeals for the Sixth Circuit would deny litigants their ability to contractually choose the forum to resolve disputes, and further deny litigants access to the courts, in violation of the First Amendment right to petition the Government for redress of grievances? Whether a grant of a writ of certiorari is warranted where, if left without review, the decision of the United States Court of Appeals for the Sixth Circuit will allow federal courts that determine they lack jurisdiction to hear a case removed from a State court to dismiss the case without an order remanding the matter to the State court? Whether federal law controls where the subject credit union was created and regulated under state law, and the underlying contractual arbitration was a matter of state contract law?

Counsel of record

For petitioner
Cindy Rhodes Victor
Kus Ryan, PLLC

For respondent
Brian M. Schwartz
Miller Canfield Paddock and Stone PLC

Case

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

Conference history
Distributed for 1 conference

Order
Order list, June 28, 2021 · Certiorari denied

Proceedings

  1. Jun 28 2021
    Petition DENIED.
  2. Jun 08 2021
    DISTRIBUTED for Conference of 6/24/2021.
  3. May 26 2021
    Waiver of right of respondents Health One Credit Union, et al. to respond filed.
  4. May 06 2021
    Petition for a writ of certiorari filed. (Response due June 10, 2021)