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
Latest Conference: 2022-02-18
Question Presented (from Petition)

QUESTION #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?

QUESTION #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?

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?

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