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McInnis Electric Company v. Brasfield & Gorrie, LLC, et al.

Paid petition · Supreme Court of Mississippi, No. 2021-CA-01115-SCT, 2021-CA-01300-SCT · judgment October 19, 2023


Certiorari denied · May 20, 2024
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does the Federal Arbitration Act allow use of the rules of an arbitral association in the text of a boilerplate, or form, arbitration agreement to prove that the non-drafting party had delegated away to arbitration, all of its rights to judicial determination of the scope of the agreement or other aspects of the arbitrability of all claims between the parties?

  2. When there is a dispute over the delegation of arbitrability, particularly one arising from a boilerplate arbitration agreement, is a “clear manifestation of intent” by the non-drafting, non-demanding party to be considered by a court as a burden of proof, or is it a legal standard that can be met by the writing in the agreement alone, and which party would have the burden of proof ?

Counsel of record

For petitioner
Stephen Michael Sheppard
Stephen M Sheppard, JSD

For respondent
Simon Turner Bailey
Bradley Arant Boult Cummings LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
23A804

Proceedings

  1. May 20 2024
    Petition DENIED.
  2. May 13 2024
    Brief amici curiae of George Bermann and Rishi Batra filed. (Distributed)
  3. Apr 30 2024
    DISTRIBUTED for Conference of 5/16/2024.
  4. Apr 17 2024
    Waiver of right of respondent Brasfield & Gorrie, LLC, et al. to respond filed.
  5. Apr 15 2024
    Petition for a writ of certiorari filed. (Response due May 17, 2024)
  6. Mar 01 2024
    Application (23A804) granted by Justice Alito extending the time to file until April 15, 2024.
  7. Feb 27 2024
    Application (23A804) to extend the time to file a petition for a writ of certiorari from March 13, 2024 to May 12, 2024, submitted to Justice Alito.