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WasteCare Corporation v. Harmony Enterprises, Inc.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-12066 · judgment July 23, 2020

Certiorari denied · February 22, 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, an Eleventh Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

Whether an arbitration agreement that expressly carves out specific claims to be exempt from the provision clearly and unmistakably delegates arbitrability of those claims to the arbitrator by identifying arbitration rules for arbitrable claims.

Counsel of record

For petitioner
Leslie LeeAnn Pescia
Beasley, Allen, Crow, Methvin, Portis & Miles, P.C

For respondent
Ken Douglas Schueler
Dunlap & Seeger, P.A.

Case

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

Conference history
Distributed for 1 conference

Order
Order list, February 22, 2021 · Certiorari denied

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 20 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 14 2021
    Waiver of right of respondent Harmony Enterprises, Inc. to respond filed.
  4. Dec 15 2020
    Petition for a writ of certiorari filed. (Response due January 20, 2021)