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Zappos.com, Inc. v. Theresa Stevens, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-16860 · judgment April 20, 2018


Certiorari denied · March 25, 2019
Pre-decision estimate: 9% cert probability (95% interval 6%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether individuals whose personal information is held in a database breached by hackers have Article III standing simply by virtue of the breach even without concrete injury, as the Third, Sixth, Seventh, Ninth, and D.C. Circuits have held, or whether concrete injury as a result of the breach is required for Article III standing, as the First, Second, Fourth, and Eighth Circuits have held.

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
Ben Barnow
Barnow and Associates, P.C.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Linked docket
18A13

Proceedings

  1. Mar 25 2019
    Petition DENIED.
  2. Mar 20 2019
    DISTRIBUTED for Conference of 3/22/2019.
  3. Nov 20 2018
    DISTRIBUTED for Conference of 12/7/2018.
  4. Nov 19 2018
    Reply of petitioner Zappos.com, Inc. filed.
  5. Nov 06 2018
    Brief of respondents Theresa Stevens, et al. in opposition filed.
  6. Oct 09 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including November 6, 2018.
  7. Oct 04 2018
    Motion to extend the time to file a response from October 22, 2018 to November 6, 2018, submitted to The Clerk.
  8. Sep 21 2018
    Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
  9. Sep 20 2018
    Motion to extend the time to file a response is granted and the time is extended to and including October 22, 2018.
  10. Sep 17 2018
    Motion to extend the time to file a response from September 21, 2018 to October 22, 2018, submitted to The Clerk.
  11. Aug 20 2018
    Petition for a writ of certiorari filed. (Response due September 21, 2018)
  12. Jul 02 2018
    Application (18A13) granted by Justice Kennedy extending the time to file until August 20, 2018.
  13. Jun 29 2018
    Application (18A13) to extend the time to file a petition for a writ of certiorari from July 19, 2018 to August 20, 2018, submitted to Justice Kennedy.