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JDH Pacific, Inc. v. Precision-Hayes International, Inc.

Paid petition · Court of Appeals of Texas, Second District, No. 02-21-00374-CV · judgment August 31, 2022


Certiorari denied · March 4, 2024
Pre-decision estimate: 2% cert probability

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

Question presented

Whether a state supreme court can disregard the “clear and unmistakable evidence” standard established by the United States Supreme Court in First Options v. Kaplan and confirm an arbitration award that included claims arising post-termination of the agreement? (i)

Counsel of record

For petitioner
Malcolm Edwin Whittaker
Whittaker Law Firm

For respondent
Marcy Hogan Greer
Alexander Dubose & Jefferson LLP

Case

Conference history
Distributed for 1 conference

Linked docket
23A413

Proceedings

  1. Mar 04 2024
    Petition DENIED.
  2. Feb 14 2024
    DISTRIBUTED for Conference of 3/1/2024.
  3. Feb 09 2024
    Waiver of right of respondent Precision-Hayes International, Inc. to respond filed.
  4. Jan 11 2024
    Petition for a writ of certiorari filed. (Response due February 16, 2024)
  5. Nov 09 2023
    Application (23A413) granted by Justice Alito extending the time to file until January 15, 2024.
  6. Oct 30 2023
    Application (23A413) to extend the time to file a petition for a writ of certiorari from November 16, 2023 to January 15, 2024, submitted to Justice Alito.