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Oath Holdings, Inc. v. Marianne Ajemian, et al.

Paid petition · Supreme Judicial Court of Massachusetts, No. SJC-12237 · judgment October 16, 2017

Certiorari denied · March 26, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Should a court-appointed legal representative, such as an estate administrator, be able to provide lawful consent under the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., to the disclosure of private email messages stored in an online email account by a user who died without a will or any other indication of actual consent?

Counsel of record

For petitioner
Marc J. Zwillinger
ZwillGen PLLC

For respondent
Robert L. Kirby Jr.
Pierce & Mandell, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 26 2018
    Motion for leave to file amici brief filed by Facebook, Inc., et al. GRANTED.
  2. Mar 26 2018
    Petition DENIED.
  3. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  4. Mar 05 2018
    Reply of petitioner Oath Holdings, Inc. filed.
  5. Feb 20 2018
    Motion for leave to file amici brief filed by Facebook, Inc., et al.
  6. Feb 19 2018
    Brief of respondents Marianne Ajemian, et al. in opposition filed.
  7. Jan 16 2018
    Petition for a writ of certiorari filed. (Response due February 20, 2018)