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Amazon.com, Inc., et al. v. Jennifer Miller, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-36048 · judgment September 1, 2023


Certiorari denied · April 22, 2024
Pre-decision estimate: 24% cert probability (95% interval 17%–31%)

Before the decision, about 5.7× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether the Federal Arbitration Act’s exemption for “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce,” 9 U.S.C. 1, extends to delivery drivers who make local deliveries of goods, including locally stocked food and items, because those goods were shipped from other states at some prior point in time.

Counsel of record

For petitioner
Michael Edward Kenneally Jr.
Morgan, Lewis & Bockius LLP

For respondent
Hillary Ada Schwab
Fair Work, P.C.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Apr 22 2024
    Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.
  2. Apr 17 2024
    Supplemental brief of petitioners Amazon.com, Inc., et al. filed. (Distributed)
  3. Apr 15 2024
    DISTRIBUTED for Conference of 4/19/2024.
  4. Dec 21 2023
    Reply of petitioners Amazon.com, Inc., et al. filed. (Distributed)
  5. Dec 20 2023
    DISTRIBUTED for Conference of 1/5/2024.
  6. Dec 18 2023
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  7. Dec 18 2023
    Brief of respondents Jennifer Miller, et al. in opposition filed. (Distributed)
  8. Nov 22 2023
    Brief amicus curiae of Civil Justice Association of California filed.
  9. Nov 14 2023
    Motion to extend the time to file a response is granted in part and the time is extended to and including December 18, 2023.
  10. Nov 09 2023
    Response to motion to extend the time to file a response from petitioners filed.
  11. Nov 07 2023
    Motion to extend the time to file a response from November 22, 2023 to December 22, 2023, submitted to The Clerk.
  12. Oct 19 2023
    Petition for a writ of certiorari filed. (Response due November 22, 2023)