No. 21-845

David Pitlor v. TD Ameritrade, Inc., et al.

Lower Court: Eighth Circuit
Docketed: 2021-12-07
Status: Denied
Type: Paid
Tags: arbitration arbitration-agreement cause-of-action civil-procedure complaint-dismissal conspiracy due-process federal-arbitration-act pleading-supplement res-judicata
Key Terms:
Arbitration SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Does res judicata preclude a cause of action for conspiracy that arises after a Complaint was filed, but prior to that initial claim's dismissal, if the new claims could have been introduced via supplement to an earlier pleading?

Question Presented (from Petition)

QUESTIONS PRESENTED UESTION #1: Does res judicata preclude a cause of action for conspiracy that arises after a Complaint was filed, but prior to that initial claim’s dismissal, if the new claims could have been introduced via supplement to an earlier pleading? UESTION #2: When a signatory’s provision of services has been interfered with by a stranger to the parties’ arbitration agreement, does this issue concern “the making of the arbitration agreement” as specified by 9 U.S.C. § 4 of the Federal Arbitration Act, such that the alleged conspiracy must be tried before the district court?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-19
DISTRIBUTED for Conference of 2/18/2022.
2021-12-04
Petition for a writ of certiorari filed. (Response due January 6, 2022)

Attorneys

David Pitlor
David Pitlor — Petitioner
David Pitlor — Petitioner