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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: 3% 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

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 25, 2024 · Certiorari denied

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)