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Dantzler, Inc., et al. v. S2 Services Puerto Rico, LLC, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 18-2087, 18-2089 · judgment May 1, 2020


Certiorari denied · May 17, 2021
Pre-decision estimate: 9% cert probability (95% interval 5%–15%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a First Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition, and down for a business respondent.

Question presented

For a plaintiff to have standing to sue in federal court, “there must be a causal connection between the injury and the conduct complained of—the injury has to be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party not before the court.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992) (citations, internal quotation marks, and alterations omitted). The question presented is: Is the causal connection required for standing satisfied when it is substantially likely that a third party in the chain of causation will respond to the defendant’s conduct in a way that injures the plaintiff, as held by the D.C., Second, Third, Eighth, Ninth, Tenth, and Eleventh Circuits, or does the participation of a third party with the ability to act independently almost automatically break the chain of causation, as held by the First, Fourth, and Sixth Circuits?

Counsel of record

For petitioner
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

For respondent
Philip S. Goldberg
Shook Hardy & Bacon LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 17 2021
    Petition DENIED.
  2. Apr 27 2021
    DISTRIBUTED for Conference of 5/13/2021.
  3. Apr 27 2021
    Reply of petitioners Dantzler, Inc., et al. filed. (Distributed)
  4. Apr 20 2021
    Motion to delay distribution of the petition for a writ certiorari until April 27, 2021 granted.
  5. Apr 19 2021
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 21, 2021 to April 27, 2021, submitted to The Clerk.
  6. Apr 02 2021
    Brief of respondents S2 Services Puerto Rico, LLC, et al. in opposition filed.
  7. Feb 22 2021
    Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2021, for all respondents.
  8. Feb 19 2021
    Motion to extend the time to file a response from March 5, 2021 to April 5, 2021, submitted to The Clerk.
  9. Jan 29 2021
    Petition for a writ of certiorari filed. (Response due March 5, 2021)