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Charles Juntikka v. Cadell & Chapman, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-56284 · judgment February 23, 2023


Certiorari denied · November 20, 2023
Pre-decision estimate: 0% 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 Eastern Associated Coal Corp. v. United Mine Workers, 531 U.S. 57, 62 (2000) holding that an arbitrator’s “serious error does not suffice to overturn” or vacate an arbitrator’s decision include the “serious” legal error of ignoring the of terms of an arbitration agreement in favor of a decision based solely on “equity” in violation of this Court’s precedent including Stolt-Nielsen S.A. v. Animal Feeds Int’l Corp., 559 U.S. 662, 682 (2010) and the FAA’s mandate that arbitrators base their judgments on the interpretation of the terms of the arbitral contract?

  2. If Radcliffe is left undisturbed, will the FAA’s limited right to seek vacatur be effectively neutered in the Ninth Circuit, roiling arbitration practice in the Ninth Circuit in ways contrary to Supreme Court precedent as followed by the Eighth, Fifth and Third Circuits?

Counsel of record

For petitioner
Charles W. Juntikka
Charles W. Juntikka and Associates, LLP

For respondent
Amy Elizabeth Tabor
Caddell and Chapman

Case

Conference history
Distributed for 1 conference

Linked docket
22A1106

Proceedings

  1. Nov 20 2023
    Petition DENIED.
  2. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  3. Sep 25 2023
    Waiver of right of respondents Cadell & Chapman, et al. to respond filed.
  4. Sep 01 2023
    Petition for a writ of certiorari filed. (Response due October 20, 2023)
  5. Jun 22 2023
    Application (22A1106) granted by Justice Kagan extending the time to file until September 1, 2023.
  6. Jun 19 2023
    Application (22A1106) to extend the time to file a petition for a writ of certiorari from July 3, 2023 to September 1, 2023, submitted to Justice Kagan.