Supreme Court Report

Supreme Court of the United States · Official docket →

Spirit of the East, LLC v. Yale Products Inc., et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-13122 · judgment April 11, 2023

Certiorari denied · December 11, 2023
Pre-decision estimate: 11% cert probability (95% interval 7%–17%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and an Eleventh Circuit decision below, and down for a business respondent.

Question presented

The Federal Arbitration Act, 9 U.S.C. §§ 1, et al. (“FAA”), provides for judicial review of arbitration awards. This includes grounds for vacating awards where an arbitrator exceeds his or her power. In Hall Street Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), this Court held parties to a contract could not supplement statutory grounds for vacating an arbitration award under the FAA, but it did not address the long-standing power of a court to refuse to enforce an award based on public policy. The question presented is: Whether a court is prohibited from even considering public policy as a ground to vacate an arbitration award under the FAA when the award commands action in violation of criminal statutes.

Counsel of record

For petitioner
Bartholomew L. McLeay
Kutak Rock, LLP

For respondent
Lisa S. Blatt
Williams & Connolly LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  3. Nov 14 2023
    Reply of petitioner Spirit of the East, LLC filed.
    Main DocumentCertificate of Word CountProof of Service
  4. Nov 03 2023
    Brief of respondent Yale Products Inc. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Oct 02 2023
    Motion to extend the time to file a response is granted in part and the time is further extended to and including November 3, 2023.
  6. Sep 29 2023
    Motion to extend the time to file a response from October 13, 2023 to November 13, 2023, submitted to The Clerk.
    Main Document
  7. Aug 31 2023
    Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2023.
  8. Aug 30 2023
    Motion to extend the time to file a response from September 13, 2023 to October 13, 2023, submitted to The Clerk.
    Main Document
  9. Aug 14 2023
    Response Requested. (Due September 13, 2023)
  10. Jul 26 2023
    DISTRIBUTED for Conference of 9/26/2023.
  11. Jun 08 2023
    Petition for a writ of certiorari filed. (Response due July 12, 2023)
    PetitionAppendixCertificate of Word CountProof of Service