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Javitch Block LLC, et al. v. Khadija Smith

Paid petition · Court of Appeals of Ohio, Cuyahoga County, No. 111532 · judgment March 2, 2023


Certiorari denied · November 20, 2023
Pre-decision estimate: 1% cert probability

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

Question presented

Whether the Ohio Court of Appeals erred by denying enforcement of an arbitration agreement and class action waiver governed by the Federal Arbitration Act, premised on the absence of express authorization in the contract granting a nonsignatory agent enforcement rights, where state law recognizes that a nonsignatory agent may enforce the agreement and the agent is strategically sued for acts on behalf of the principal.

Counsel of record

For petitioner
Richard Christopher Orest Rezie
Gallagher Sharp LLP

For respondent
Robert S. Belovich
Robert S. Belovich Attorney LLC

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Nov 20 2023
    Petition DENIED.
  2. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  3. Oct 31 2023
    Brief amici curiae of National Creditors Bar Association, et al. filed. (Distributed)
  4. Oct 24 2023
    Waiver of right of respondent Khadija Smith to respond filed.
  5. Oct 02 2023
    Petition for a writ of certiorari filed. (Response due November 6, 2023)