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Martin H. Leaf v. Nike, Inc., et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-1045 · judgment October 25, 2021


Certiorari denied · October 3, 2022
Pre-decision estimate: 1% cert probability

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

Question presented

Plaintiff alleged that the public – over four billion including Petitioner Martin Leaf-were exposed to a deceptive subliminal and subtle five-minute Nike animated soccer advertisement/video (“The Last Game”), targeting primarily minors because it is animated. It allegedly contains Nazi Jew-hating messages and symbols, sexual, and terrorist content all hidden as “Easter eggs” – the fad of hiding content people look for frame by frame. It also allegedly contains subtle Nazi Jew Hating themes, such as the Jews are controlling everything and ruining the world for everyone, and that if you buy Nike gear you can be a manly Christian hero that saves the world from the evil Jews. After Petitioner watched the Nike Ad/video, and investigated, Petitioner alleges The Last Game’s lead animator Connor Ryan was one of those responsible for most of the offensive Easter Eggs, and the other offensive content substantially hidden. Connor Ryan posted on social media a picture of himself as Hitler, posts images of penises, posts pictures of Jews as snakes, posts images with swastikas, posts images with dual perception, such as a face that can be perceived two different ways, and advocated for the assassination of former President Trump, etc. This type of content is allegedly hidden in The Last Game. The Questions Presented are: 1. Whether Michigan citizens, especially children are required to make a payment in what amounts to “protection money” in order to be protected under the Michigan Consumer Protection Act, MCL § 445.901 et. seq. (“MCPA”), thereby denying countless harmful “transactions” from protection when businesses engage

Counsel of record

For petitioner
Marc M. Susselman
Marc M. Susselman, Attorney at Law

For respondent
Christopher D. Kratovil
Dykema Gossett PLLC

Case

Conference history
Distributed for 1 conference

Linked docket
21A443

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Sep 26 2022
    Letter Motion of Martin Leaf not accepted for filing. (September 26, 2022)
  3. Jun 22 2022
    DISTRIBUTED for Conference of 9/28/2022.
  4. May 27 2022
    Waiver of right of respondent Nike Inc. to respond filed.
  5. May 06 2022
    Petition for a writ of certiorari filed. (Response due June 13, 2022)
  6. Feb 24 2022
    Application (21A443) granted by Justice Kavanaugh extending the time to file until May 6, 2022.
  7. Feb 17 2022
    Application (21A443) to extend the time to file a petition for a writ of certiorari from March 7, 2022 to May 6, 2022, submitted to Justice Kavanaugh.