Supreme Court of the United States · Official docket →
Mark Leyse v. Bank of America, National Association
Paid petition · United States Court of Appeals for the Third Circuit, No. 20-1666 · judgment May 19, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a business respondent.
Question presented
The text of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), demonstrates Congress’s determination that certain types of unsolicited telemarketing calls are inherently a nuisance and are harmful within the meaning of Article III of the Constitution. The question is whether Congress, which, as the branch charged with lawmaking, “is well positioned to identify intangible harms that meet minimum Article III requirements,” such that its judgment is “instructive and important,” Spokeo v. Robins, 136 S. Ct. 1540, 1549 (2016), is to have its judgment respected with regard to the TCPA’s prohibition against the placing of unsolicited prerecorded telephone calls to residential telephone lines.
Counsel of record
For petitioner
Daniel Adam Osborn
Osborn Law PC
For respondent
Joseph Russell Palmore
Morrison & Foerster LLP
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 4, 2021 · Certiorari denied
Proceedings
- Oct 04 2021Petition DENIED.
- Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
- Sep 02 2021Waiver of right of respondent Bank of America, National Association to respond filed.
- Aug 25 2021Petition for a writ of certiorari filed. (Response due October 1, 2021)