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Karl Hansen v. Tesla, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-15296 · judgment December 10, 2024


Certiorari denied · June 30, 2025
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether a confirmed arbitration award on related or overlapping claims may be given issue-preclusive effect so as to bar a Sarbanes-Oxley (“SOX”) whistleblower claim, notwithstanding 18 U.S.C. § 1514A(e)’s explicit prohibition against forcing SOX claims into predispute arbitration.

  2. Whether the court of appeals’ holding that an arbitration award confirmed by a district court triggers full preclusive effect over a statutorily nonarbitrable SOX claim contravenes the narrow rule set forth in Alexander v. Gardner-Denver Co., 415 U.S. 36

  3. and reaffirmed in 14 Penn Plaza LLC v. Pyett, 556 U.S. 247 (2009), which bars arbitral preclusion of statutory claims that were never authorized for arbitration in the first place.

Counsel of record

For petitioner
Robert L. Sirianni Jr.
Brownstone, P.A.

For respondent
Christopher F. Robertson
Seyfarth Shaw LLP

Case

Conference history
Distributed for 1 conference

Linked docket
24A701

Proceedings

  1. Jun 30 2025
    Petition DENIED.
  2. Jun 10 2025
    DISTRIBUTED for Conference of 6/26/2025.
  3. May 13 2025
    Waiver of right of respondents Tesla, Inc., et al. to respond filed.
  4. Apr 14 2025
    Petition for a writ of certiorari filed. (Response due May 27, 2025)
  5. Jan 19 2025
    Application (24A701) granted by Justice Kagan extending the time to file until May 9, 2025.
  6. Jan 13 2025
    Application (24A701) to extend the time to file a petition for a writ of certiorari from March 10, 2025 to May 9, 2025, submitted to Justice Kagan.