Supreme Court of the United States · Official docket →
Coinbase, Inc. v. David Suski, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15209 · judgment December 16, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a dissent in the court below (flagged in the petition), and a business petitioner.
Question presented
Where parties enter into an arbitration agreement with a delegation clause, should an arbitrator or a court decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation?
Counsel of record
For petitioner
Jessica Lynn Ellsworth
Hogan Lovells US, LLP
For respondent
David John Harris Jr.
Harris LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage · 6 merits
(3 supporting pet./neither, 3 respondent)
Argument & decision
Argued February 28, 2024 — Jessica L. Ellsworth · David J. Harris. Audio and transcript
Decided May 23, 2024. Opinion by Jackson.
Proceedings
- Jun 24 2024Judgment Issued.
- May 23 2024Adjudged to be AFFIRMED. Jackson, J., delivered the opinion for a unanimous Court. Gorsuch, J., filed a concurring opinion.
- Feb 28 2024Argued. For petitioner: Jessica L. Ellsworth, Washington, D. C. For respondents: David J. Harris, Jr., San Diego, Cal.
- Feb 26 2024Supplemental brief of respondents David Suski, et al. filed. (Distributed)
- Feb 16 2024Reply of petitioner Coinbase, Inc. filed. (Distributed)
- Jan 29 2024Brief amici curiae of Legal Scholars filed. (Distributed)
- Jan 29 2024Brief amicus curiae of Public Citizen filed. (Distributed)
- Jan 29 2024Brief amicus curiae of American Association for Justice filed.(Feb. 6, 2024) (Distributed)
- Jan 23 2024Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
- Jan 22 2024Brief of David Suski, et al. not accepted for filing. (January 22, 2024--Incorrect version printed and electronically submitted.)
- Jan 22 2024Brief of respondents David Suski, et al. filed. (Distributed)
- Jan 11 2024CIRCULATED.
- Jan 10 2024Record requested from the United States Court of Appeals for the Ninth Circuit.
- Jan 08 2024Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including January 22, 2024.
- Jan 05 2024SET FOR ARGUMENT on Wednesday, February 28, 2024.
- Jan 04 2024Motion for an extension of time to file respondents' brief on the merits filed.
- Dec 22 2023Brief amici curiae of The Chamber of Commerce of the United States of America, American Bankers Association, Cato Institute, American Tort Reform Association, and the Business Council of New York State filed.
- Dec 21 2023Brief amicus curiae of Anthony Michael Sabino filed.
- Dec 20 2023Brief amicus curiae of Atlantic Legal Foundation filed.
- Dec 18 2023Brief of petitioner Coinbase, Inc. filed.
- Dec 18 2023Joint appendix (Volumes I and II) filed. (Statement of costs filed)
- Dec 14 2023Motion to extend the time to file the briefs on the merits denied
- Dec 12 2023Motion for an extension of time to file the briefs on the merits filed.
- Nov 03 2023Petition GRANTED.
- Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
- Oct 11 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 10 2023Reply of petitioner Coinbase, Inc. filed. (Distributed)
- Sep 22 2023Brief of respondents David Suski, et al. in opposition filed.
- Aug 23 2023Response Requested. (Due September 22, 2023)
- Aug 02 2023DISTRIBUTED for Conference of 9/26/2023.
- Jul 28 2023Waiver of right of respondent David Suski, et al. to respond filed.
- Jul 17 2023Letter dated July 17, 2023 from counsel for amicus curiae Anthony Michael Sabino filed withdrawing amicus curiae brief.
- Jul 13 2023Brief amicus curiae of Anthony Michael Sabino filed. (Brief withdrawn by letter dated July 17, 2023)
- Jun 23 2023Petition for a writ of certiorari filed. (Response due July 31, 2023)
- May 12 2023Application (22A989) granted by Justice Kagan extending the time to file until June 23, 2023.
- May 10 2023Application (22A989) to extend the time to file a petition for a writ of certiorari from May 24, 2023 to June 23, 2023, submitted to Justice Kagan.