Supreme Court of the United States · Official docket →

Ericka Richardson, et al. v. Coverall North America, Inc., et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-3393, 18-3399 · judgment April 28, 2020

Certiorari denied · March 22, 2021

Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Third Circuit decision below and a circuit split argued in the petition, and down for a business respondent.

Questions presented

Whether incorporation by reference of a separate set of arbitration rules constitutes clear and unmistakable evidence of intent to delegate the threshold question of arbitrability to an arbitrator in a case involving an unsophisticated party presented with an adhesive agreement;
Whether state or federal law should govern the determination as to whether an arbitration agreement clearly and unmistakably delegated the threshold question of arbitrability to an arbitrator.

Counsel of record

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

For respondent
Justin Daniel Santagata
Kaufman Semeraro & Leibman, 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, March 22, 2021 · Certiorari denied

Proceedings

Mar 22 2021
Petition DENIED.
Mar 15 2021
DISTRIBUTED for Conference of 3/19/2021.
Mar 04 2021
Rescheduled.
Feb 17 2021
DISTRIBUTED for Conference of 3/5/2021.
Feb 03 2021
Brief of respondent Sujol LLC in opposition filed.
Dec 31 2020
Motion to extend the time to file a response is granted and the time is extended to and including February 4, 2021, for all respondents.
Dec 30 2020
Motion to extend the time to file a response from January 4, 2021 to February 4, 2021, submitted to The Clerk.
Nov 27 2020
Petition for a writ of certiorari filed. (Response due January 4, 2021)