Coinbase, Inc. v. Suski
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-3 | 9th Cir. | Feb 28, 2024 | May 23, 2024 | 9-0 | Jackson | OT 2023 |
Holding: Where parties have agreed to two contracts " one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts " a court must decide which contract governs.
Judgment: Affirmed, 9-0, in an opinion by Justice Jackson on May 23, 2024. Justice Gorsuch filed a concurring opinion.
SCOTUSblog Coverage
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| Date | Proceedings and Orders |
|---|---|
| 05/10/2023 | Application (22A989) to extend the time to file a petition for a writ of certiorari from May 24, 2023 to June 23, 2023, submitted to Justice Kagan. |
| 05/12/2023 | Application (22A989) granted by Justice Kagan extending the time to file until June 23, 2023. |
| 06/23/2023 | Petition for a writ of certiorari filed. (Response due July 31, 2023) |
| 07/13/2023 | Brief amicus curiae of Anthony Michael Sabino filed. (Brief withdrawn by letter dated July 17, 2023) |
| 07/17/2023 | Letter dated July 17, 2023 from cousel for amicus curiae Anthony Michael Sabino filed withdrawing amicus curiae brief. |
| 07/28/2023 | Waiver of right of respondent David Suski, et al. to respond filed. |
| 08/02/2023 | DISTRIBUTED for Conference of 9/26/2023. |
| 08/23/2023 | Response Requested. (Due September 22, 2023) |
| 09/22/2023 | Brief of respondents David Suski, et al. in opposition filed. |
| 10/10/2023 | Reply of petitioner Coinbase, Inc. filed. (Distributed) |
| 10/11/2023 | DISTRIBUTED for Conference of 10/27/2023. |
| 10/30/2023 | DISTRIBUTED for Conference of 11/3/2023. |
| 11/03/2023 | Petition GRANTED. |
| 12/12/2023 | Motion for an extension of time to file the briefs on the merits filed. |
| 12/14/2023 | Motion to extend the time to file the briefs on the merits denied |
| 12/18/2023 | Brief of petitioner Coinbase, Inc. filed. |
| 12/18/2023 | Joint appendix (Volumes I and II) filed. (Statement of costs filed) |
| 12/20/2023 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| 12/21/2023 | Brief amicus curiae of Anthony Michael Sabino filed. |
| 12/22/2023 | Brief amici curiae of The Chamber of Commerce of the United States of America, American Bankers Association, Cato Institute, American Tort Reform Association, and the Business Council of New York State filed. |
| 01/04/2024 | Motion for an extension of time to file respondents' brief on the merits filed. |
| 01/05/2024 | SET FOR ARGUMENT on Wednesday, February 28, 2024. |
| 01/08/2024 | Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including January 22, 2024. |
| 01/10/2024 | Record requested from the United States Court of Appeals for the Ninth Circuit. |
| 01/11/2024 | CIRCULATED. |
| 01/22/2024 | Brief of David Suski, et al. not accepted for filing. (January 22, 2024--Incorrect version printed and electronically submitted.) |
| 01/22/2024 | Brief of respondents David Suski, et al. filed. (Distributed) |
| 01/23/2024 | Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER. |
| 01/29/2024 | Brief amici curiae of Legal Scholars filed. (Distributed) |
| 01/29/2024 | Brief amicus curiae of Public Citizen filed. (Distributed) |
| 01/29/2024 | Brief amicus curiae of American Association for Justice filed.(Feb. 6, 2024) (Distributed) |
| 02/16/2024 | Reply of petitioner Coinbase, Inc. filed. (Distributed) |
| 02/26/2024 | Supplemental brief of respondents David Suski, et al. filed. (Distributed) |
| 02/28/2024 | Argued. For petitioner: Jessica L. Ellsworth, Washington, D. C. For respondents: David J. Harris, Jr., San Diego, Cal. |
| 05/23/2024 | Adjudged to be AFFIRMED. Jackson, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/23pdf/23-3_879d.pdf'>opinion</a> for a unanimous Court. Gorsuch, J., filed a concurring opinion. |
| 06/24/2024 | Judgment Issued. |