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DISH Network L.L.C. v. Thomas H. Krakauer, Individually and on Behalf of All Others Similarly Situated

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1518 · judgment May 30, 2019


Certiorari denied · December 16, 2019
Pre-decision estimate: 10% cert probability (95% interval 6%–15%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a business petitioner.

Question presented

In Spokeo, Inc. v. Robins, this Court held that a plaintiff does not automatically satisfy Article III’s “injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right.” The question presented is whether a call placed in violation of the Telephone Consumer Protection Act, without any allegation or showing of injury—even that plaintiffs heard the phone ring—suffices to establish concrete injury for purposes of Article III.

Counsel of record

For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP

For respondent
Deepak Gupta
Gupta Wessler LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
19A188

Proceedings

  1. Dec 16 2019
    Petition DENIED.
  2. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  3. Nov 25 2019
    Reply of petitioner DISH Network L.L.C. filed.
  4. Nov 19 2019
    Supplemental brief of respondent Thomas H. Krakauer filed.
  5. Nov 18 2019
    Brief amicus curiae of Cruise Lines International Association filed.
  6. Nov 12 2019
    Brief of respondent Thomas H. Krakauer in opposition filed.
  7. Oct 15 2019
    Petition for a writ of certiorari filed. (Response due November 18, 2019)
  8. Aug 19 2019
    Application (19A188) granted by The Chief Justice extending the time to file until October 15, 2019.
  9. Aug 16 2019
    Application (19A188) to extend the time to file a petition for a writ of certiorari from August 28, 2019 to October 15, 2019, submitted to The Chief Justice.