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Branch Banking and Trust Company v. Sevier County Schools Federal Credit Union, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-5174 · judgment March 5, 2021


Certiorari denied · May 31, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Question presented

Whether the Federal Arbitration Act displaces a state common-law rule forbidding companies from adding an arbitration requirement to their standardform contract with customers unless the contract already includes a dispute-resolution clause.

Counsel of record

For petitioner
Thomas Henderson Dupree Jr.
Gibson, Dunn & Crutcher LLP

For respondent
Donald K. Vowell
The Vowell Law Firm

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 31 2022
    Motion for leave to file amici brief filed by American Bankers Association, et al. GRANTED.
  2. May 31 2022
    Petition DENIED.
  3. May 23 2022
    DISTRIBUTED for Conference of 5/26/2022.
  4. Dec 01 2021
    DISTRIBUTED for Conference of 1/7/2022.
  5. Dec 01 2021
    Reply of petitioner Branch Banking & Trust Company filed. (Distributed)
  6. Nov 12 2021
    Brief of respondents Sevier County Schools Federal Credit Union, et al. in opposition filed.
  7. Oct 22 2021
    Response to motion from respondent Sevier County Schools Federal Credit Union, et al. filed.
  8. Oct 12 2021
    Motion for leave to file amici brief filed by American Bankers Association, et al.
  9. Sep 27 2021
    Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2021. See Rule 30.1.
  10. Sep 24 2021
    Motion to extend the time to file a response from October 12, 2021 to November 11, 2021, submitted to The Clerk.
  11. Sep 07 2021
    Petition for a writ of certiorari filed. (Response due October 12, 2021)