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Soundboard Association v. Federal Trade Commission

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 17-5093 · judgment April 27, 2018


Certiorari denied · April 15, 2019
Pre-decision estimate: 3% cert probability

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

Question presented

Do Petitioners have a right to judicial review under the Administrative Procedure Act of a Federal Trade Commission staff advisory opinion that effectively creates a new rule, chills protected speech, shutters an industry, and which was issued arbitrarily and without the required administrative procedure?

Counsel of record

For petitioner
Karen Michelle Donnelly
Copilevitz, Lam & Raney, P.C.

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 4 conferences

Amicus briefs
3 cert-stage

Linked docket
18A392

Proceedings

  1. Apr 15 2019
    Petition DENIED.
  2. Apr 08 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Mar 27 2019
    Rescheduled.
  4. Mar 25 2019
    DISTRIBUTED for Conference of 3/29/2019.
  5. Mar 20 2019
    Rescheduled.
  6. Mar 18 2019
    DISTRIBUTED for Conference of 3/22/2019.
  7. Mar 13 2019
    Rescheduled.
  8. Feb 21 2019
    Reply of petitioner Soundboard Association filed. (Distributed)
  9. Feb 20 2019
    DISTRIBUTED for Conference of 3/15/2019.
  10. Feb 06 2019
    Brief of respondent Federal Trade Commission in opposition filed.
  11. Jan 07 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2019.
  12. Jan 07 2019
    Lodging proposal of amicus curiae Professional Association for Customer Engagement (PACE) filed.
  13. Jan 07 2019
    Brief amicus curiae of Professional Association for Customer Engagement filed.
  14. Jan 07 2019
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  15. Jan 03 2019
    Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
  16. Jan 02 2019
    Brief amici curiae of Cato Institute, et al. filed.
  17. Nov 30 2018
    Petition for a writ of certiorari filed. (Response due January 7, 2019)
  18. Oct 12 2018
    Application (18A392) granted by The Chief Justice extending the time to file until December 1, 2018.
  19. Oct 10 2018
    Application (18A392) to extend the time to file a petition for a writ of certiorari from November 1, 2018 to December 1, 2018, submitted to The Chief Justice.