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Michael H. Vartanian v. State Bar of California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16084 · judgment December 11, 2019


Certiorari denied · October 5, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and a petition citing one or two dissents.

Questions presented

  1. Is opposition to a violation of the Americans With Disabilities Act (ADA) that turns upon a reasonable mistake of law, such as belief that an attempt to violate the ADA is prohibited under the ADA, protected conduct under the statute’s anti-retaliation provision, 42 U.S.C. § 12203 (a)?

  2. Does Title II of the ADA, 42 U.S.C. § 12132, which prohibits discrimination by public entities based on disability, constitute a valid exercise of Congress’s § 5 authority to enforce the Fourteenth Amendment, as it applies to the regulation of attorneys?

  3. To comply with Federal Rule of Civil Procedure 8(a)(2), must a complaint recite nonconclusory allegations asserting each of the facts, whose proof must be established to prevail at trial?

Counsel of record

For petitioner
Randy Perry Baker
Randy Baker, Attorney at Law

For respondent
Robert G. Retana
The State Bar of California

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2020 · Certiorari denied

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 29 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jul 09 2020
    Waiver of right of respondent Northwestern California University School of Law to respond filed.
  4. Jun 23 2020
    Waiver of right of respondent The State Bar of California to respond filed.
  5. Jun 18 2020
    Petition for a writ of certiorari filed. (Response due July 23, 2020)