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Center for Medical Progress, et al. v. Planned Parenthood Federation of America, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-16997 · judgment May 16, 2018

Certiorari denied · April 1, 2019
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Should the Ninth Circuit have reversed itself and exacerbated an unsettled and widening split among the First, Fifth, Tenth, and D.C. Circuits by failing to apply the distinctive First Amendment immunity provided by the anti-SLAPP statutes of California and more than 30 states?

  2. Did the lower courts improperly permit Plaintiffs to perform an end run around the First Amendment’s heightened pleading standards for claims against protected speech?

Counsel of record

For petitioner
Charles S. LiMandri
LiMandri & Jonna LLP

For respondent
Steven Lee Mayer
Arnold & Porter Kaye Scholer LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 01 2019
    Petition DENIED.
  2. Mar 13 2019
    DISTRIBUTED for Conference of 3/29/2019.
  3. Mar 07 2019
    Reply of petitioners Center for Medical Progress, et al. filed.
  4. Feb 22 2019
    Brief of respondents Planned Parenthood Federation of America, et al. in opposition filed.
  5. Feb 01 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2019.
  6. Jan 31 2019
    Response to motion from petitioner Center for Medical Progress, et al. filed.
  7. Jan 30 2019
    Motion to extend the time to file a response from February 8, 2019 to February 22, 2019, submitted to The Clerk.
  8. Jan 09 2019
    Response Requested. (Due February 8, 2019)
  9. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  10. Dec 06 2018
    Waiver of right of respondents Planned Parenthood Federation of America, et al. to respond filed.
  11. Nov 21 2018
    Petition for a writ of certiorari filed. (Response due December 27, 2018)