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Continental Finance Company, LLC, et al. v. Tiffany Johnson, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-2047, 23-2049 · judgment March 11, 2025


Dismissed · May 7, 2026
Pre-decision estimate: 1% cert probability

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

Question presented

The Fourth Circuit refused to compel arbitration because it applied a rule of Maryland law that requires arbitration provisions, unlike any other contractual term, to contain their own unique exchange of consideration. The question presented is: Does the Federal Arbitration Act, 9 U.S.C. § 2, permit courts to apply a heightened consideration standard solely to contractual arbitration provisions?

Counsel of record

For petitioner
Edmund Ramsay Hirschfeld
Orrick, Herrington & Sutcliffe LLP

For respondent
Richard S. Gordon
Gordon, Wolf & Carney Chtd.

Case

Conference history

Proceedings

  1. May 07 2026
    Petition Dismissed - Rule 46.
  2. May 05 2026
    Joint stipulation to dismiss the petition pursuant to Rule 46.1 filed by petitioners Continental Finance Company, LLC, et al.
  3. Feb 04 2026
    Motion to extend the time to file a response is granted and the time is further extended, with petitioners' consent, to and including May 15, 2026.
  4. Feb 02 2026
    Motion to extend the time to file a response from February 3, 2026 to May 15, 2026, submitted to The Clerk.
  5. Nov 04 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including February 3, 2026.
  6. Nov 03 2025
    Motion to extend the time to file a response from November 5, 2025 to February 3, 2026, submitted to The Clerk.
  7. Aug 08 2025
    Motion to extend the time to file a response is granted and the time is extended to and including November 5, 2025.
  8. Jul 28 2025
    Letter withdrawing the waiver of right to respond and motion to extend the time to file a response from August 11, 2025 to November 5, 2025, submitted to The Clerk.
  9. Jul 10 2025
    Waiver of right of respondents Tiffany Johnson, et al. to respond filed.
  10. Jul 07 2025
    Petition for a writ of certiorari filed. (Response due August 11, 2025)