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Petrobras America Inc., et al. v. Transcor Astra Group S.A., et al.
Paid petition · Supreme Court of Texas, No. 20-0932 · judgment April 29, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.
Question presented
Whether, when parties have entered a contract with an arbitration clause that delegates to the arbitrator questions of arbitrability, the arbitrator—rather than a court—must decide whether the contract has been superseded by a subsequent contract. (I)
Counsel of record
For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
For respondent
Samuel Branaman Haren
Meade Neese & Barr LLP
Case
Conference history
Distributed for 4 conferences
Amicus briefs
1 cert-stage
Proceedings
- May 22 2023Petition DENIED.
- May 15 2023DISTRIBUTED for Conference of 5/18/2023.
- May 08 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 12 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 12 2023Reply of petitioners Petrobras America Inc., et al. filed. (Distributed)
- Mar 23 2023Brief of respondents Transcor Astra Group S.A., et al. in opposition filed.
- Feb 15 2023Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2023, for all respondents.
- Feb 15 2023Brief amicus curiae of Anthony Michael Sabino filed.
- Feb 14 2023Motion to extend the time to file a response from February 23, 2023 to March 23, 2023, submitted to The Clerk.
- Jan 24 2023Response Requested. (Due February 23, 2023)
- Jan 18 2023DISTRIBUTED for Conference of 2/17/2023.
- Dec 16 2022Letter from counsel for respondent Alberto Feilhaber pursuant to Rule 12.6 filed.
- Dec 08 2022Waiver of right of respondents Transcor Astra Group S.A., et al. to respond filed.
- Nov 30 2022Petition for a writ of certiorari filed. (Response due January 4, 2023)