Supreme Court of the United States · Official docket →

Facebook, Inc. v. Nimesh Patel, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-15982 · judgment August 8, 2019

Certiorari denied · January 21, 2020

Pre-decision estimate: 26% cert probability (95% interval 21%–33%)

Before the decision, about 6.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a petition filed soon after the judgment below.

Questions presented

Whether a court can find Article III standing based on its conclusion that a statute protects a concrete interest, without determining that the plaintiff suffered a personal, real-world injury from the alleged statutory violation.
Whether a court can find Article III standing based on a risk that a plaintiff’s personal information could be misused in the future, without concluding that the possibility of misuse is imminent.
Whether a court can certify a class without deciding a question of law that is relevant to determining whether common issues predominate under Rule 23. (i)

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
Ryan David Andrews
Edelson PC

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Proceedings

Jan 21 2020
Petition DENIED.
Jan 03 2020
Brief amicus curiae of Consumer Data Industry Association filed. (Distributed)
Jan 03 2020
Brief amicus curiae of TechFreedom filed.(Distributed)
Dec 30 2019
DISTRIBUTED for Conference of 1/17/2020.
Dec 13 2019
Brief amicus curiae of Washington Legal Foundation filed.
Dec 10 2019
Waiver of right of respondent Nimesh Patel, et al. to respond filed.
Dec 02 2019
Petition for a writ of certiorari filed. (Response due January 3, 2020)