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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


Certiorari denied · May 22, 2023
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 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the arbitrator questions of arbitrability, the arbitrator—rather than a court—must decide whether the contract has been superseded by a subsequent contract.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

  1. May 22 2023
    Petition DENIED.
  2. May 15 2023
    DISTRIBUTED for Conference of 5/18/2023.
  3. May 08 2023
    DISTRIBUTED for Conference of 5/11/2023.
  4. Apr 12 2023
    DISTRIBUTED for Conference of 4/28/2023.
  5. Apr 12 2023
    Reply of petitioners Petrobras America Inc., et al. filed. (Distributed)
  6. Mar 23 2023
    Brief of respondents Transcor Astra Group S.A., et al. in opposition filed.
  7. Feb 15 2023
    Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2023, for all respondents.
  8. Feb 15 2023
    Brief amicus curiae of Anthony Michael Sabino filed.
  9. Feb 14 2023
    Motion to extend the time to file a response from February 23, 2023 to March 23, 2023, submitted to The Clerk.
  10. Jan 24 2023
    Response Requested. (Due February 23, 2023)
  11. Jan 18 2023
    DISTRIBUTED for Conference of 2/17/2023.
  12. Dec 16 2022
    Letter from counsel for respondent Alberto Feilhaber pursuant to Rule 12.6 filed.
  13. Dec 08 2022
    Waiver of right of respondents Transcor Astra Group S.A., et al. to respond filed.
  14. Nov 30 2022
    Petition for a writ of certiorari filed. (Response due January 4, 2023)