Supreme Court Report

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Gussi S.A. de C.V. v. Voltage Pictures, LLC

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-55123 · judgment February 5, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before, and down for a business respondent and a petition filed soon after the judgment below.

Questions presented

  1. Have the Marshal service requirements of 9 U.S.C. § 9 on an application to confirm an arbitration award on a nonresident foreign adverse party been implicitly repealed?

  2. If the answer to Question Presented No. 1 is no, does 9 U.S.C. § 9 provide a viable method of service on a nonresident foreign adverse party outside of the U.S.?

  3. If the answer to Question Presented No. 2 is no, is the appropriate fallback provision for service of an application to confirm an arbitration award on a nonresident foreign adverse party outside of the U.S., F.R.C.P. Rule 4 as followed in the Second Circuit, or F.R.C.P. Rule 5 (b) as followed in the Ninth Circuit?

Counsel of record

For petitioner
Charles Michael Coate
Hamrick and Evans, LLP

For respondent
Jeremiah Reynolds
Esiner, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jun 26 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jun 14 2024
    Waiver of right of respondent Voltage Pictures, LLC to respond filed.
  4. May 03 2024
    Petition for a writ of certiorari filed. (Response due July 3, 2024)