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Technical Education Services Inc. v. Steven Pinkerton

Paid petition · Court of Appeals of Missouri, Western District, No. WD83594 · judgment November 24, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly 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 business petitioner.

Question presented

Under the Federal Arbitration Act and this Court’s decisions, parties have broad discretion to delegate threshold disputes of arbitrability, including the enforceability of the arbitration agreement giving rise to the arbitration, to an arbitrator. The question presented is: Whether a dispute over the collateral estoppel effect of a prior arbitration decision must be submitted to and decided by an arbitrator pursuant to the arbitration agreement’s broad delegation provisions.

Counsel of record

For petitioner
Thomas M. Lucas
Jackson Lewis P.C.

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Sep 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 19 2021
    Petition for a writ of certiorari filed. (Response due August 20, 2021)