Supreme Court of the United States · Official docket →

Scott Seldin, Individually and as Trustee of the Selden 2002 Irrevocable Trust, dated October 9, 1993, et al. v. Estate of Stanley C. Silverman, et al.

Paid petition · Supreme Court of Nebraska, No. S-19-310, S-19-311 · judgment March 6, 2020

Certiorari denied · May 17, 2021

Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a circuit split argued in the petition.

Questions presented

The Federal Arbitration Act (“FAA”) provides a mechanism for courts to enforce arbitration awards. The FAA also specifies grounds on which courts may vacate or modify those awards. The questions presented are:

Whether the FAA categorically forecloses courts from vacating an arbitration award on the ground that the award is contrary to public policy.
Whether the FAA’s protection against an arbitrator’s “evident partiality” (9 U.S.C. § 10(a)(2)) is triggered when there is a reasonable impression of partiality, or instead by a more heightened standard such as a showing of actual bias.

Counsel of record

For petitioner
Roman Martinez
Latham & Watkins, LLP

For respondent
Barbara Anne Smith
Bryan Cave Leighton Paisner LLP

Case

Conference history
Distributed for 1 conference

Proceedings

May 17 2021
Petition DENIED.
Apr 27 2021
DISTRIBUTED for Conference of 5/13/2021.
Apr 26 2021
Reply of petitioners Scott Seldin, et al. filed.
Apr 08 2021
Brief of respondents Estate of Stanley C. Silverman, et al. in opposition filed.
Jan 21 2021
Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2021.
Jan 20 2021
Motion to extend the time to file a response from February 8, 2021 to April 9, 2021, submitted to The Clerk.
Dec 31 2020
Petition for a writ of certiorari filed. (Response due February 8, 2021)