No. 24-1109

Karl Hansen v. Tesla, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2025-04-25
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: arbitration-award issue-preclusion predispute-arbitration sarbanes-oxley statutory-interpretation whistleblower-claim
Latest Conference: 2025-06-26
Question Presented (from Petition)

1. Whether a confirmed arbitration award on related
or overlapping claims may be given issue-preclusive
effect so as to bar a Sarbanes-Oxley ("SOX")
whistleblower claim, notwithstanding 18 U.S.C.
§ 1514A(e)'s explicit prohibition against forcing SOX
claims into predispute arbitration.

2. Whether the court of appeals' holding that an
arbitration award confirmed by a district court
triggers full preclusive effect over a statutorily nonarbitrable SOX claim contravenes the narrow rule set
forth in Alexander v. Gardner-Denver Co., 415 U.S. 36
(1974) and reaffirmed in 14 Penn Plaza LLC v. Pyett ,
556 U.S. 247 (2009), which bars arbitral preclusion
of statutory claims that were never authorized for
arbitration in the first place.

Question Presented (AI Summary)

Whether a confirmed arbitration award on related or overlapping claims may be given issue-preclusive effect so as to bar a Sarbanes-Oxley whistleblower claim, notwithstanding 18 U.S.C. § 1514A(e)'s explicit prohibition against forcing SOX claims into predispute arbitration

Docket Entries

2025-06-30
Petition DENIED.
2025-06-10
DISTRIBUTED for Conference of 6/26/2025.
2025-05-13
Waiver of right of respondents Tesla, Inc., et al. to respond filed.
2025-04-14
2025-01-19
Application (24A701) granted by Justice Kagan extending the time to file until May 9, 2025.
2025-01-13
Application (24A701) to extend the time to file a petition for a writ of certiorari from March 10, 2025 to May 9, 2025, submitted to Justice Kagan.

Attorneys

Karl Hansen
Robert L. Sirianni Jr.Brownstone, P.A., Petitioner
Tesla, Inc., et al.
Christopher F. RobertsonSeyfarth Shaw LLP, Respondent