Marcus & Millichap Real Estate Investment Services Inc. v. Weiler
Petition for certiorari denied on June 3, 2019
Issues: (1) Whether the Federal Arbitration Act pre-empts a state rule that denies enforcement of a cost-sharing provision in an arbitration agreement without a finding that the provision violates a general principle of state contract law; and (2) whether the Supreme Court’s decision in Howsam v. Dean Witter Reynolds Inc. requires an arbitrator to decide who pays arbitration costs, as the U.S. Court of Appeals for the 5th Circuit has held, or allows a court to decide, as the California Court of Appeal decided below.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Oct 25 2018 | Application (18A450) to extend the time to file a petition for a writ of certiorari from November 13, 2018 to December 13, 2018, submitted to Justice Kagan. |
| Oct 29 2018 | Application (18A450) granted by Justice Kagan extending the time to file until December 13, 2018. |
| Nov 26 2018 | Application (18A450) to extend further the time from December 13, 2018 to January 12, 2019, submitted to Justice Kagan. |
| Nov 28 2018 | Application (18A450) granted by Justice Kagan extending the time to file until January 12, 2019. |
| Jan 14 2019 | Petition for a writ of certiorari filed. (Response due February 19, 2019) |
| Feb 07 2019 | Waiver of right of respondent Rae Weiler to respond filed. |
| Feb 19 2019 | Motion for leave to file amici brief filed by The California Building Industry Association, et al. (Distributed) |
| Feb 20 2019 | DISTRIBUTED for Conference of 3/15/2019. |
| Feb 27 2019 | Response Requested. (Due March 29, 2019) |
| Mar 06 2019 | Motion to extend the time to file a response from March 29, 2019 to April 29, 2019, submitted to The Clerk. |
| Mar 18 2019 | Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019. |
| Apr 29 2019 | Brief of respondent Rae Weiler in opposition filed. |
| May 14 2019 | DISTRIBUTED for Conference of 5/30/2019. |
| May 14 2019 | Reply of petitioners Marcus & Millichap Real Estate Investment Services, et al. filed. (Distributed) |
| Jun 03 2019 | Motion for leave to file amici brief filed by The California Building Industry Assn., et al. GRANTED. |
| Jun 03 2019 | Petition DENIED. |
