No. 23-3

Coinbase, Inc. v. David Suski, et al.

Lower Court: Ninth Circuit
Docketed: 2023-06-30
Status: Judgment Issued
Type: Paid
Amici (7)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: arbitration arbitration-agreement arbitration-scope civil-procedure contract-interpretation delegation-clause dispute-resolution federal-arbitration-act judicial-review jurisdiction
Key Terms:
Arbitration
Latest Conference: 2023-11-03 (distributed 3 times)
Question Presented (AI Summary)

Whether an arbitrator or a court should decide whether an arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation

Question Presented (OCR Extract)

QUESTION PRESENTED Where parties enter into an arbitration agreement with a delegation clause, should an arbitrator or a court decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation? (i)

Docket Entries

2024-06-24
Judgment Issued.
2024-05-23
Adjudged to be AFFIRMED. Jackson, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-3_879d.pdf'>opinion</a> for a unanimous Court. Gorsuch, J., filed a concurring opinion.
2024-02-28
Argued. For petitioner: Jessica L. Ellsworth, Washington, D. C. For respondents: David J. Harris, Jr., San Diego, Cal.
2024-02-26
Supplemental brief of respondents David Suski, et al. filed. (Distributed)
2024-02-16
2024-01-29
Brief amicus curiae of American Association for Justice filed.(Feb. 6, 2024) (Distributed)
2024-01-29
2024-01-29
2024-01-23
Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
2024-01-22
2024-01-11
CIRCULATED.
2024-01-10
Record requested from the United States Court of Appeals for the Ninth Circuit.
2024-01-08
Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including January 22, 2024.
2024-01-05
SET FOR ARGUMENT on Wednesday, February 28, 2024.
2024-01-04
Motion for an extension of time to file respondents' brief on the merits filed.
2023-12-22
Brief amici curiae of The Chamber of Commerce of the United States of America, American Bankers Association, Cato Institute, American Tort Reform Association, and the Business Council of New York State filed.
2023-12-21
2023-12-20
2023-12-18
Joint appendix (Volumes I and II) filed. (Statement of costs filed)
2023-12-18
2023-12-14
Motion to extend the time to file the briefs on the merits denied
2023-12-12
Motion for an extension of time to file the briefs on the merits filed.
2023-11-03
Petition GRANTED.
2023-10-30
DISTRIBUTED for Conference of 11/3/2023.
2023-10-11
DISTRIBUTED for Conference of 10/27/2023.
2023-10-10
2023-09-22
2023-08-23
Response Requested. (Due September 22, 2023)
2023-08-02
DISTRIBUTED for Conference of 9/26/2023.
2023-07-28
Waiver of right of respondent David Suski, et al. to respond filed.
2023-07-17
Letter dated July 17, 2023 from cousel for amicus curiae Anthony Michael Sabino filed withdrawing amicus curiae brief.
2023-07-13
Brief amicus curiae of Anthony Michael Sabino filed. (Brief withdrawn by letter dated July 17, 2023)
2023-06-23
2023-05-12
Application (22A989) granted by Justice Kagan extending the time to file until June 23, 2023.
2023-05-10
Application (22A989) to extend the time to file a petition for a writ of certiorari from May 24, 2023 to June 23, 2023, submitted to Justice Kagan.

Attorneys

American Association for Justice
Robert S. PeckCenter for Constitutional Litigation, PC, Amicus
Robert S. PeckCenter for Constitutional Litigation, PC, Amicus
Anthony Michael Sabino
Anthony Michael SabinoSabino & Sabino, P.C., Amicus
Anthony Michael SabinoSabino & Sabino, P.C., Amicus
Atlantic Legal Foundation
Lawrence S. EbnerAtlantic Legal Foundation, Amicus
Lawrence S. EbnerAtlantic Legal Foundation, Amicus
Coinbase, Inc.
Jessica Lynn EllsworthHogan Lovells US, LLP, Petitioner
Jessica Lynn EllsworthHogan Lovells US, LLP, Petitioner
David Suski, et al.
David John Harris Jr.Harris LLP, Respondent
David John Harris Jr.Harris LLP, Respondent
Legal Scholars
Glenn Edward ChappellTycko & Zavareei LLP, Amicus
Glenn Edward ChappellTycko & Zavareei LLP, Amicus
Public Citizen
Scott Lawrence NelsonPublic Citizen Litigation Group, Amicus
Scott Lawrence NelsonPublic Citizen Litigation Group, Amicus
The Chamber of Commerce of the United States of America, American Bankers Association, Cato Institute, American Tort Reform Association, and the Business Council of New York State
Andrew John PincusMayer Brown LLP, Amicus
Andrew John PincusMayer Brown LLP, Amicus