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Domino's Pizza, LLC v. Edmond Carmona

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55009 · judgment December 23, 2021


GVR'd · October 17, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether drivers making solely in-state deliveries of goods ordered by in-state customers from an instate warehouse are nevertheless a “class of workers engaged in foreign or interstate commerce” for purposes of Section 1 of the Federal Arbitration Act simply because some of those goods crossed state lines before coming to rest at the warehouse? (i)

Counsel of record

For petitioner
Courtney Gilligan Saleski
DLA Piper LLP

For respondent
Aashish Y. Desai
Desai Law Firm, P.C.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Linked docket
21A668

Proceedings

  1. Nov 18 2022
    Judgment issued.
  2. Oct 17 2022
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Southwest Airlines Co. v. Saxon, 596 U. S. ___ (2022).
  3. Oct 13 2022
    Supplemental brief of petitioner Domino's Pizza LLC filed.
  4. Sep 28 2022
    DISTRIBUTED for Conference of 10/14/2022.
  5. Sep 22 2022
    Reply of petitioner Domino's Pizza LLC filed.
  6. Sep 08 2022
    Brief of respondent Edmond Carmona in opposition filed.
  7. Aug 10 2022
    Response Requested. (Due September 9, 2022)
  8. Aug 03 2022
    DISTRIBUTED for Conference of 9/28/2022.
  9. Jul 18 2022
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
  10. Jun 15 2022
    Petition for a writ of certiorari filed. (Response due July 18, 2022)
  11. May 02 2022
    Application (21A668) granted by Justice Kagan extending the time to file until June 15, 2022.
  12. Apr 28 2022
    Application (21A668) to extend the time to file a petition for a writ of certiorari from May 16, 2022 to June 15, 2022, submitted to Justice Kagan.