No. 18-1543

Michael A. Katz, Individually and on Behalf of All Others Similarly Situated v. Cellco Partnership, dba Verizon Wireless

Lower Court: Second Circuit
Docketed: 2019-06-14
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: arbitration-act arbitration-stay article-iii civil-procedure consent constitutional-rights due-process federal-arbitration-act federal-courts fifth-amendment judicial-review standing voluntary-consent waiver wellness-international-network-v-sharif
Key Terms:
Arbitration DueProcess FifthAmendment Securities Privacy JusticiabilityDoctri ClassAction
Latest Conference: 2019-10-18 (distributed 2 times)
Question Presented (from Petition)

1. Whether Federal Arbitration Act ("FAA") § 3
requires the district court to stay the action after it
compels arbitration of all claims and a stay is
requested by one of the parties.

2. Whether the standard for voluntary consent
prescribed in Wellness Int'l Network, Ltd. v. Sharif, 135
S. Ct. 1932, 1948 (2015), applies under the FAA to the
waiver of the constitutional rights (i) to the exercise of
the Article III judicial power in connection with state
law private rights brought within the jurisdiction of the
federal courts, and (ii) to judicial review of nonArticle III rulings of law required under the Due
Process Clause of the Fifth Amendment.

Question Presented (AI Summary)

Whether Federal Arbitration Act (FAA) § 3 requires the district court to stay the action after it compels arbitration of all claims and a stay is requested by one of the parties

Docket Entries

2019-10-21
Petition DENIED.
2019-10-02
DISTRIBUTED for Conference of 10/18/2019.
2019-09-27
Reply of petitioner Michael Katz filed.
2019-09-13
Brief of respondent Cellco Partnership d/b/a Verizon Wireless in opposition filed.
2019-08-14
Response Requested. (Due September 13, 2019)
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-07-08
Waiver of right of respondent Cellco Partnership d/b/a Verizon Wireless to respond filed.
2019-06-10
Petition for a writ of certiorari filed. (Response due July 15, 2019)

Attorneys

Cellco Partnership d/b/a Verizon Wireless
Joshua S. TurnerWiley Rein LLP, Respondent
Scott Block WilkensWiley Rein LLP, Respondent
Michael Katz
William Robert WeinsteinLaw Offices of William R. Weinstein, Petitioner