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Aberdeen Marketplace, Inc. v. John Nanni

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 16-1638 · judgment December 21, 2017

Certiorari denied · June 18, 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.

Questions presented

Has a plaintiff seeking declaratory and injunctive relief pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181 et seq., sufficiently alleged a real and immediate threat of future harm when he has detailed no concrete and specific plan for returning to the accommodation; has a tenuous connection to the accommodation; and is not otherwise a bona fide patron of the public accommodation?
Should a court disregard an ADA plaintiff’s past litigation history in considering the likelihood of his suffering an imminent future injury in determining standing?

For petitioner
William Nelson Sinclair
Silverman Thompson Slutkin & White, LLC

For respondent
Louis Mussman
Ku & Mussman, P.A.

Conference history
Distributed for 1 conference

Jun 18 2018
Petition DENIED.
May 29 2018
DISTRIBUTED for Conference of 6/14/2018.
May 18 2018
Waiver of right of respondent John Nanni to respond filed.
Feb 15 2018
Petition for a writ of certiorari filed. (Response due May 21, 2018)