No. 18-618

Dolores Gutierrez, et al. v. Wells Fargo Bank, NA, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-11-13
Status: Denied
Type: Paid
Tags: arbitration civil-procedure class-action dispute-resolution due-process efficient-dispute-resolution federal-arbitration-act litigation-tactics procedural-strategy standing
Latest Conference: 2019-01-18
Question Presented (from Petition)

Is the Federal Arbitration Act's goal of "providing efficient
streamlined procedures tailored to the type of dispute,"
AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 334-35
(2011), compromised by allowing a defendant to forego
arbitration against named class representative plaintiffs, and
then successfully assert arbitration years later against the
subsequently certified class members?

Question Presented (AI Summary)

Is the Federal Arbitration Act's goal of 'providing efficient streamlined procedures tailored to the type of dispute' compromised by allowing a defendant to forego arbitration against named class representative plaintiffs, and then successfully assert arbitration years later against the subsequently certified class members?

Docket Entries

2019-01-22
Petition DENIED.
2019-01-02
DISTRIBUTED for Conference of 1/18/2019.
2018-12-28
Reply of petitioners Dolores Gutierrez, et al. filed.
2018-12-13
Brief of respondents WELLS FARGO BANK, NA, et al. in opposition filed.
2018-11-06
Petition for a writ of certiorari filed. (Response due December 13, 2018)

Attorneys

DOLORES GUTIERREZ, et al.
Bruce S. RogowSuite 1930, Petitioner
WELLS FARGO BANK, NA, et al.
Mark W. MosierCovington & Burling, LLP, Respondent