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SureShot Golf Ventures, Inc. v. Topgolf International, Inc.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-20607 · judgment October 9, 2018


Certiorari denied · March 18, 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 Fifth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a business respondent.

Questions presented

  1. Whether the Article III ripeness doctrine bars a competitor’s antitrust claims against a monopolist who acquired essential and patented technology to foreclose competitors from the market.

  2. Whether the lower courts erroneously applied a heightened pleading standard to a competitor’s claims of monopoly and attempted monopoly, resulting in market foreclosure.

Counsel of record

For petitioner
Mo Taherzadeh
Taherzadeh, PC

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 20 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Jan 07 2019
    Petition for a writ of certiorari filed. (Response due February 8, 2019)