No. 18-572

Dorsey Ron McCall v. Aptim Corporation

Lower Court: Fifth Circuit
Docketed: 2018-11-01
Status: Dismissed
Type: Paid
Experienced Counsel
Tags: abstention arbitration-waiver circuit-split civil-procedure federal-court-abstention federal-courts federal-state-jurisdiction forum-shopping litigation-conduct prejudice state-court-proceedings
Key Terms:
Arbitration JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

1. Must a party opposing arbitration on the ground of waiver by litigation conduct prove that it was prejudiced by the other party's waiver?

2. Should a federal court abstain from resolving a request to compel arbitration when a state court has already ruled on that request?

Question Presented (AI Summary)

Must a party opposing arbitration on the ground of waiver by litigation conduct prove that it was prejudiced by the other party's waiver?

Docket Entries

2018-12-19
Petition Dismissed - Rule 46.
2018-12-18
Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
2018-10-22
Petition for a writ of certiorari filed. (Response due December 3, 2018)
2018-09-17
Application (18A177) granted by Justice Alito extending the time to file until October 26, 2018.
2018-09-14
Application (18A177) to extend further the time from September 28, 2018 to October 26, 2018, submitted to Justice Alito.
2018-08-17
Application (18A177) granted by Justice Alito extending the time to file until September 28, 2018.
2018-08-16
Application (18A177) to extend the time to file a petition for a writ of certiorari from August 29, 2018 to September 28, 2018, submitted to Justice Alito.

Attorneys

Dorsey Ron McCall
Erin E. MurphyKirkland & Ellis LLP, Petitioner