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Maggy Hurchalla v. Lake Point Phase I, LLC, et al.

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D18-1221, 4D18-1632 · judgment June 19, 2019

Certiorari denied · January 11, 2021

Pre-decision estimate: 0% cert probability

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

Question presented

Where a person speaks to a government official on a matter of public concern, and a subsequent governmental action regarding that matter harms a third party, whether a tort award against the speaker and in favor of the third party violates the Free Speech or Petition Clause of the First Amendment to the U.S. Constitution when the statement could reasonably be construed as a verifiable and true assertion or as an unverifiable opinion, when the speaker genuinely believed the statement, and when there is no evidence that the statement caused the adverse governmental action. (i)

Counsel of record

For petitioner
Jamie S. Gorelick
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
Chris William Altenbernd
Banker Lopez Gassler P.A.

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

Jan 11 2021
Petition DENIED.
Dec 02 2020
DISTRIBUTED for Conference of 1/8/2021.
Dec 02 2020
Reply of petitioner Maggy Hurchalla filed. (Distributed)
Nov 13 2020
Brief of respondents Lake Point Phase I, LLC & Lake Point Phase II, LLC in opposition filed.
Oct 14 2020
Brief amici curiae of Bullsugar.org, et al filed.
Oct 10 2020
Brief amici curiae of Protect the Protest Task Force, et al. filed.
Oct 06 2020
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2020.
Oct 05 2020
Motion to extend the time to file a response from October 14, 2020 to November 13, 2020, submitted to The Clerk.
Sep 10 2020
Petition for a writ of certiorari filed. (Response due October 14, 2020)