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Robert W. Mauthe, M.D., P.C. v. Optum, Inc., et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-2894 · judgment May 28, 2019

Certiorari denied · November 25, 2019
Pre-decision estimate: 7% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Did the Third Circuit err by holding that a commercial fax cannot be an “advertisement” as defined by the TCPA unless it promotes a direct sale of the sender’s goods or services to the recipient where the Sixth Circuit held the opposite in Matthew N. Fulton, DDS, P.C. v. Enclarity, Inc., 907 F.2d 948 (6th Cir. 2018), reh’g denied, 2018 U.S. App LEXIS 36638 (Dec. 27, 2018), pet. for cert. filed, Enclarity Inc. v. Matthew N. Fulton DDS, P.C., No. 18-1258 (U.S. March 27, 2019).

Counsel of record

For petitioner
Phillip A. Bock
Bock, Hatch & Oppenheim, LLC

For respondent
Jessica Lynn Ellsworth
Hogan Lovells US, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 25 2019
    Petition DENIED.
  2. Nov 06 2019
    DISTRIBUTED for Conference of 11/22/2019.
  3. Oct 24 2019
    Waiver of right of respondents Optum, Inc., et al. to respond filed.
  4. Sep 23 2019
    Petition for a writ of certiorari filed. (Response due October 28, 2019)