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Yasmeen Daniel, Individually and as Special Administrator of the Estate of Zina Daniel Haughton v. Armslist, LLC, et al.

Paid petition · Supreme Court of Wisconsin, No. 2017AP344 · judgment April 30, 2019

Certiorari denied · November 25, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

Does the Communications Decency Act, 47 U.S.C. § 230’s prohibition on treating providers of interactive computer services as publishers or speakers of thirdparty information posted on their sites, bar states from imposing civil liability on website owners or operators for their own design, content and conduct intended to facilitate and profit from tortious or criminal activity (as the Wisconsin Supreme Court, the First Circuit, and other courts have held), or does it bar only those claims that seek to impose liability on website owners or operators for third-party posts (like the Washington Supreme Court, and the Seventh and Ninth Circuits have held)?

Counsel of record

For petitioner
Samantha Jill Katze
Manatt, Phelps & Phillips, LLP

For respondent
Brian Adair Sutherland
Reed Smith, LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Nov 25 2019
    Petition DENIED.
  2. Nov 06 2019
    DISTRIBUTED for Conference of 11/22/2019.
  3. Oct 31 2019
    Reply of petitioner Yasmeen Daniel filed.
  4. Oct 18 2019
    Brief of respondents Armslist, LLC, et al. in opposition filed.
  5. Sep 18 2019
    Response Requested. (Due October 18, 2019)
  6. Sep 11 2019
    DISTRIBUTED for Conference of 10/1/2019.
  7. Sep 03 2019
    Brief amici curiae of National Coalition Against Domestic Violence, et al. filed.
  8. Aug 30 2019
    Brief amici curiae of The Cyber Civil Rights Initiative and Legal Scholars filed.
  9. Aug 30 2019
    Waiver of right of respondents Armslist, LLC, et al. to respond filed.
  10. Aug 26 2019
    Waiver of Armslist, LLC, et al. of right to respond not accepted for filing. (August 30, 2019)
  11. Aug 19 2019
    Brief amici curiae of American Medical Association and Wisconsin Medical Society filed.
  12. Jul 29 2019
    Petition for a writ of certiorari filed. (Response due September 3, 2019)