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Twitter, Inc. v. Mehier Taamneh, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-17192 · judgment June 22, 2021
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a business petitioner.
Questions presented
Under Section 2333 of the Anti-Terrorism Act, as amended by the Justice Against Sponsors of Terrorism Act, U.S. nationals injured by "an act of international terrorism" that is "committed, planned, or authorized by" a designated foreign terrorist organization may sue any person who "aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism," and recover treble damages. 18 U.S.C. § 2333(a), (d)(2). The questions presented are:
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Whether a defendant that provides generic, widely available services to all its numerous users and "regularly" works to detect and prevent terrorists from using those services "knowingly" provided substantial assistance under Section 2333 merely because it allegedly could have taken more "meaningful" or "aggressive" action to prevent such use.
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Whether a defendant whose generic, widely available services were not used in connection with the specific "act of international terrorism" that injured the plaintiff may be liable for aiding and abetting under Section 2333.
Counsel of record
For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP
For respondent
Lisa S. Blatt
Williams & Connolly LLP
Case
Conference history
Distributed for 1 conference
Amicus briefs
19 merits
(8 supporting pet./neither, 11 respondent)
Argument & decision
Argued February 22, 2023 — Seth P. Waxman · Eric Schnapper. Audio and transcript
Decided May 18, 2023. Opinion by Thomas.
Proceedings
- Jun 20 2023Judgment issued.
- May 18 2023Judgment REVERSED. Thomas, J., delivered the opinion for a unanimous Court. Jackson, J., filed a concurring opinion.
- Mar 31 2023Letter of petitioner amending corporate disclosure statement filed. (Distributed)
- Feb 22 2023Argued. For petitioner: Seth P. Waxman, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Eric Schnapper, Seattle, Wash.
- Feb 10 2023Reply of respondents Facebook, Inc., et al. supporting petitioner filed. (Distributed)
- Feb 10 2023Reply of petitioner Twitter, Inc. filed. (Distributed)
- Jan 26 2023Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Jan 26 2023Motion for divided argument filed by respondents Facebook, Inc. and Google LLC supporting petitioner DENIED.
- Jan 18 2023Motion for divided argument and for enlargement of time for oral argument filed by respondents Facebook, Inc. and Google LLC supporting petitioner.
- Jan 18 2023Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Jan 18 2023Brief amici curiae of Retired United States Generals Who Served in Iraq and Afghanistan filed. (Distributed)
- Jan 18 2023Brief amicus curiae of The Plaintiffs' General Committee in the MDL Addressing the Attacks of September 11, 2001 filed. (Distributed)
- Jan 18 2023Brief amicus curiae of The Plaintiffs' General Committee in the MDL Addressing the Attacks of September 11, 2001 filed.
- Jan 18 2023Brief amici curiae of 470 Victims of Terrorist Attacks filed. (Distributed)
- Jan 18 2023Brief amici curiae of 123 Victims of Terrorist Attacks filed. (Distributed)
- Jan 18 2023Brief amici curiae of Anti-Terrorism Act Scholars filed. (Distributed)
- Jan 18 2023Brief amici curiae of Former National Security Officials filed. (Distributed)
- Jan 18 2023Brief amicus curiae of Concerned Women for America filed. (Distributed)
- Jan 18 2023Brief amicus curiae of Senator Charles E. Grassley filed. (Distributed)
- Jan 18 2023Brief amicus curiae of Anti-Defamation League filed. (Distributed)
- Jan 18 2023Brief amici curiae of The American Association of Jewish Lawyers and Jurists, et al. filed. (Distributed)
- Jan 17 2023CIRCULATED
- Jan 11 2023Brief of respondents Mehier Taamneh, et al. filed.
- Dec 21 2022The record from the U.S.C.A. 9th Circuit is available on PACER.
- Dec 21 2022The record from the U.S.D.C. for the Northern District of California is available on PACER.
- Dec 20 2022Record requested from the U.S.C.A. 9th Circuit.
- Dec 19 2022SET FOR ARGUMENT on Wednesday, February 22, 2023.
- Dec 15 2022Application to file respondents' brief on the merits in excess of the word limit (22A522) granted by Justice Kagan, provided that the brief does not exceed 20,000 words.
- Dec 08 2022Application (22A522) of respondents Taamneh, et al. to file a brief on the merits in excess of the word limitation, submitted to Justice Kagan.
- Dec 06 2022Brief amici curiae of Former State Department Legal Advisers in support of neither party filed.
- Dec 06 2022Brief amicus curiae of The Pharmaceutical Research and Manufacturers of America filed.
- Dec 06 2022Brief amici curiae of Computer & Communications Industry Association, et al. filed.
- Dec 06 2022Brief amicus curiae of United States filed.
- Dec 06 2022Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
- Dec 06 2022Brief amici curiae of Institute of International Bankers, et al. filed.
- Dec 06 2022Brief amici curiae of InterAction, et al. filed.
- Dec 05 2022Brief amici curiae of Center for Democracy & Technology, et al. filed.
- Nov 30 2022Blanket Consent filed by Respondent, Facebook, Inc.
- Nov 29 2022Joint appendix filed. (Statement of costs filed)
- Nov 29 2022Brief of petitioner Twitter, Inc. filed.
- Nov 29 2022Brief of respondents Facebook, Inc. and Google LLC supporting petitioners filed.
- Nov 22 2022Letter of petitioner amending corporate disclosure statement filed. (Distributed)
- Nov 17 2022Blanket Consent filed by Petitioner, Twitter, Inc.
- Nov 17 2022Blanket Consent filed by Respondent, Google LLC
- Nov 07 2022Motion to extend the time to file the joint appendix and the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits (including respondents in support) is extended to and including November 29, 2022. The time to file respondents' brief on the merits is extended to and including January 11, 2023.
- Nov 03 2022Motion for an extension of time to file the joint appendix and the opening briefs on the merits filed.
- Nov 02 2022Blanket Consent filed by Respondent, Mehier Taamneh, et al.
- Oct 03 2022Petition GRANTED.
- Aug 31 2022DISTRIBUTED for Conference of 9/28/2022.
- Aug 30 2022Reply of petitioner Twitter, Inc. filed. (Distributed)
- Aug 15 2022Brief of respondents Mehier Taamneh, et al. in opposition filed.
- Jun 29 2022Letter from counsel for respondent Facebook, Inc. submitted pursuant to Rule 12.6 filed.
- Jun 27 2022Letter from counsel for respondent Google, LLC submitted pursuant to Rule 12.6 filed.
- Jun 23 2022Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2022. See Rule 30.1.
- Jun 21 2022Motion to extend the time to file a response from June 30, 2022 to August 14, 2022, submitted to The Clerk.
- May 26 2022Petition for a writ of certiorari filed. (Response due June 30, 2022)
- Mar 14 2022Application (21A501) granted by Justice Kagan extending the time to file until May 26, 2022.
- Mar 10 2022Application (21A501) to extend the time to file a petition for a writ of certiorari from March 27, 2022 to May 26, 2022, submitted to Justice Kagan.