Supreme Court of the United States · Official docket →
In Re Justin Mahwikizi
Paid petition
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
District courts have always had inherent powers to dismiss a case when a dismissal is appropriate under the circumstances. Likewise, the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants has been acknowledged. Here, the Federal Arbitration Act (FAA) seems to give the District Court an unreviewable discretion similar to Boumediene v. Bush where the district court appears to shield itself from being challenged on their erroneous decision that found Petitioner not to be exempt from The Federal Arbitration Act (FAA) under Section 1. The District Court accomplishes this by erroneously applying Section 3 of the FAA and staying the case, not the trial, pending arbitration. The questions presented are: Whether section 3 of the Federal Arbitration Act should be used to shield the Federal Arbitration Act’s Section 1 exemption claim denials from judicial review, and whether this action premises the constitutional violation of the Equal Protection Clause, which prevents the differential governmental treatment of those attempting to exercise their right for judicial review when all claims are supposedly subject to arbitration. Whether section 16 of the Federal Arbitration Act renders the whole Statute unconstitutional for violating litigants’ equal protection under the Law
Counsel of record
For petitioner
Justin Mahwikizi
For respondent
Andrew M. Spurchise
Littler Mendelson P.C.
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2024Petition DENIED.
- Jun 18 2024DISTRIBUTED for Conference of 9/30/2024.
- May 22 2024Waiver of right of respondents Uber Technologies, Inc. and Rasier, LLC to respond filed.
- May 09 2024Petition for a writ of mandamus filed. (Response due June 12, 2024)