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James Domen, et al. v. Vimeo, Inc.

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-616 · judgment September 24, 2021

Certiorari denied · March 21, 2022
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Does Section 230(c)(1) of the Communications Decency Act (CDA) preempt classification-based discrimination claims by a customer against an interactive computer service for its own misconduct, as opposed to misconduct of a third party?

  2. Does Section 230(c)(2)(A) of the CDA preempt claims where the plaintiff alleges the interactive computer service acted in bad faith?

  3. Should Petitioner be afforded an opportunity to amend the complaint where the district court denied leave to amend as futile based on CDA immunity, but on appeal the Second Circuit sustained dismissal based only on its holding that Petitioners failed to allege sufficient facts of discrimination without even addressing CDA immunity?

Counsel of record

For petitioner
Robert H. Tyler
Advocates for Faith & Freedom

For respondent
Michael Andrew Cheah
Vimeo, Inc.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 21 2022
    Petition DENIED.
  2. Feb 23 2022
    DISTRIBUTED for Conference of 3/18/2022.
  3. Feb 16 2022
    Waiver of right of respondent VIMEO, Inc. to respond filed.
    Main Document
  4. Feb 14 2022
    Petition for a writ of certiorari filed. (Response due March 18, 2022)
    PetitionCertificate of Word CountProof of Service