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Matthew Herrick v. Grindr LLC, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-396 · judgment March 27, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 1% cert probability

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

Question presented

  1. Does the Communications Decency Act § 230(c)(1), which protects interactive computer services from liability for traditional publication torts when they publish third party content, prevent well pleaded causes of action for non-publication torts – such as product liability, negligence, fraud, and failure to warn – as a matter of law?

  2. Whether, as the majority of the Federal Appellate Circuit Courts holds, invocation of the Communications Decency Act § 230(c)(1) is an affirmative defense and therefore inappropriate for resolution at the motion to dismiss stage?

Counsel of record

For petitioner
Carrie Ann Goldberg
C.A. Goldberg, PLLC

For respondent
Moez M. Kaba
Hueston Hennigan, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 04 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 22 2019
    Waiver of right of respondent Gindr Holding Company to respond filed.
  4. Aug 16 2019
    Waiver of right of respondents Grindr LLC and KL Grindr Holdings, Inc. to respond filed.
  5. Aug 07 2019
    Petition for a writ of certiorari filed. (Response due September 13, 2019)