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Ascension Data & Analytics, LLC, et al. v. Pairprep, Inc., dba OpticsML

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-11026 · judgment June 25, 2024


Certiorari denied · November 25, 2024
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

This case raises important federal concerns regarding policies favoring arbitration and the well-established doctrine of res judicata, where circuits are divided on whether a court, as opposed to the arbitrator, decides the preclusive effect of a prior judgment. The questions presented are:

  1. Should a court decide the preclusive effect of a judgment on an arbitration proceeding?

  2. Did the district court have federal question jurisdiction to determine the preclusive effect of a federal judgment adjudicating a federal question?

Counsel of record

For petitioner
Chris Paul Perque
Gardere Wynne Sewell LLP

For respondent
Asim M. Bhansali
Kwun Bhansali Lazarus LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 25 2024
    Petition DENIED.
  2. Nov 06 2024
    DISTRIBUTED for Conference of 11/22/2024.
  3. Nov 04 2024
    Waiver of right of respondent Pairprep, Inc., D/B/A OpticsML to respond filed.
  4. Oct 22 2024
    Petition for a writ of certiorari filed. (Response due November 29, 2024)