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Wendy Smith, et al. v. Keith Spizzirri, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-16051 · judgment March 16, 2023
Before the decision, about 6.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.
Question presented
This case presents a clear and intractable conflict regarding an important statutory question under the Federal Arbitration Act (FAA), 9 U.S.C.1-16. The FAA establishes procedures for enforcing arbitration agreements in federal court. Under Section 3 of the Act, when a court finds a dispute subject to arbitration, the court "shall on application of one of the parties stay the trial of the action until [the] arbitration" has concluded. 9 U.S.C. 3 (emphasis added). While six circuits read Section 3's plain text as mandating a stay, four other circuits have carved out an atextual "exception" to Section 3's stay requirement-granting district courts discretion to dismiss (not stay) if the entire dispute is subject to arbitration. In the proceedings below, the Ninth Circuit declared itself bound by circuit precedent to affirm the district court's "discretion to dismiss," despite "the plain text of the FAA appear[ing] to mandate a stay." The panel candidly acknowledged the 6-4 circuit conflict, and a two-judge concurrence emphasized "the courts of appeals are divided," asserted the Ninth Circuit's position is wrong, and urged "the Supreme Court to take up this question"-an issue this Court has twice confronted but reserved in the past. The question presented is: Whether Section 3 of the FAA requires district courts to stay a lawsuit pending arbitration, or whether district courts have discretion to dismiss when all claims are subject to arbitration.
Counsel of record
For petitioner
Daniel L. Geyser
Haynes and Boone, LLP
For respondent
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
3 merits
(2 supporting pet./neither, 1 respondent)
Argument & decision
Argued April 22, 2024 — Daniel L. Geyser · E. Joshua Rosenkranz. Audio and transcript
Decided May 16, 2024. Opinion by Sotomayor.
Proceedings
- Jun 17 2024Judgment Issued.
- May 16 2024Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
- Apr 22 2024Argued. For petitioners: Daniel L. Geyser, Dallas, Tex. For respondents: E. Joshua Rosenkranz, New York, N. Y.
- Apr 12 2024Reply of petitioners Wendy Smith, et al. filed. (Distributed)
- Apr 10 2024Record received from the United States Court of Appeals for the Ninth Circuit on March 6, 2024. The record is electronic and is available on PACER.
- Apr 01 2024Brief amicus curiae of New England Legal Foundation filed. (Distributed)
- Mar 27 2024CIRCULATED
- Mar 27 2024Brief of respondents Keith Spizzirri, et al. filed. (Distributed)
- Mar 04 2024Brief amicus curiae of American Association for Justice in support of neither party filed.
- Mar 04 2024Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed.
- Feb 26 2024Brief of petitioners Wendy Smith, et al. filed.
- Feb 26 2024Joint appendix filed. (Statement of costs filed)
- Feb 21 2024Record requested from the United States Court of Appeals for the Ninth Circuit.
- Feb 16 2024SET FOR ARGUMENT on Monday, April 22, 2024.
- Jan 12 2024Petition GRANTED.
- Jan 08 2024DISTRIBUTED for Conference of 1/12/2024.
- Dec 21 2023Reply of petitioners Wendy Smith, et al. filed. (Distributed)
- Dec 20 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 04 2023Brief of respondents Keith Spizzirri, et al. in opposition filed.
- Oct 26 2023Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2023.
- Oct 25 2023Motion to extend the time to file a response from November 6, 2023 to December 4, 2023, submitted to The Clerk.
- Oct 06 2023Motion to extend the time to file a response is granted and the time is further extended to and including November 6, 2023.
- Oct 05 2023Motion to extend the time to file a response from October 5, 2023 to November 6, 2023, submitted to The Clerk.
- Sep 06 2023Motion to extend the time to file a response is granted and the time is extended to and including October 5, 2023.
- Sep 05 2023Motion to extend the time to file a response from September 5, 2023 to October 5, 2023, submitted to The Clerk.
- Aug 04 2023Response Requested. (Due September 5, 2023)
- Aug 02 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 14 2023Petition for a writ of certiorari filed. (Response due July 17, 2023)