Supreme Court of the United States · Official docket →
Thomas Christopher Retzlaff v. Jason Lee Van Dyke
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-40710 · judgment October 22, 2019
Before the decision, about 4.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition.
Question presented
Texas enacted the Texas Citizens Participation Act (“TCPA”) to “encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury.” Tex. Civ. Prac. & Rem. Code Ann. § 27.002 (West 2015). Like other States’ anti-SLAPP (“Strategic Litigation Against Public Participation”) statutes, it creates “a speedy [way] for resolving litigation that may impinge on a party’s exercise of th[ese] rights.” Klocke v. Watson, 936 F.3d 240, 244 (5th Cir. 2019). The question presented is: Whether under the doctrine of Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), state anti-SLAPP statutes apply in federal diversity cases, as the First, Second, and Ninth Circuits hold, or do not apply, as the Fifth, Tenth, Eleventh, and D.C. Circuits hold.
Counsel of record
For petitioner
Daniel Roy Ortiz
For respondent
Marc John Randazza
Randazza Legal Group
Proceedings
- Oct 13 2020Motion for leave to file amici brief filed by 16 Media Organizations and Advocacy Groups GRANTED.
- Oct 13 2020Petition DENIED.
- Oct 05 2020DISTRIBUTED for Conference of 10/9/2020.
- Aug 05 2020DISTRIBUTED for Conference of 9/29/2020.
- Aug 04 2020Reply of petitioner Thomas Christopher Retzlaff filed. (Distributed)
- Jul 17 2020Motion to delay distribution of the petition for a writ certiorari until August 5, 2020, granted.
- Jul 16 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from July 22, 2020 to August 5, 2020, submitted to The Clerk.
- Jul 08 2020Motion for leave to file amici brief filed by 16 Media Organizations and Advocacy Groups.
- Jul 07 2020Brief of respondent Jason Lee Van Dyke in opposition filed.
- Jun 26 2020Blanket Consent filed by Petitioner, Thomas Christopher Retzlaff
- Jun 08 2020Response Requested. (Due July 8, 2020)
- May 26 2020DISTRIBUTED for Conference of 6/11/2020.
- May 22 2020Waiver of right of respondent Jason Lee Van Dyke to respond filed.
- May 04 2020Petition for a writ of certiorari filed. (Response due June 8, 2020)
- Feb 21 2020Application (19A930) granted by Justice Alito extending the time to file until April 3, 2020.
- Feb 12 2020Application (19A930) to extend the time to file a petition for a writ of certiorari from March 4, 2020 to April 3, 2020, submitted to Justice Alito.