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Don Blankenship v. NBCUniversal, LLC, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-1198, 22-1207, 22-1326 · judgment February 22, 2023


Certiorari denied · October 10, 2023
Pre-decision estimate: 2% cert probability

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

Question presented

The questions presented are: (1) whether the actual malice standard imposed on public figure plaintiffs in defamation cases should be replaced; and (2) whether the framework for summary judgment in public figure defamation cases should be reformed.

Counsel of record

For petitioner
Eric Peter Early
Early Sullivan Wright Gizer & McRae LLP

For respondent
Kevin Taylor Baine
Williams & Connolly LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Argument & decision

Decided October 10, 2023.

Proceedings

  1. Oct 10 2023
    Petition DENIED. Justice Thomas, concurring in the denial of certiorari. (Detached Opinion)
  2. Oct 02 2023
    DISTRIBUTED for Conference of 10/6/2023.
  3. Sep 06 2023
    DISTRIBUTED for Conference of 9/26/2023.
  4. Sep 01 2023
    Reply of petitioner Don Blankenship filed. (Distributed)
  5. Aug 21 2023
    Brief of respondents NBCUniversal, LLC, et al. in opposition filed.
  6. Jul 20 2023
    Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2023, for all respondents.
  7. Jul 19 2023
    Motion to extend the time to file a response from August 10, 2023 to August 23, 2023, submitted to The Clerk.
  8. Jul 11 2023
    Response Requested. (Due August 10, 2023)
  9. Jul 05 2023
    DISTRIBUTED for Conference of 9/26/2023.
  10. Jun 20 2023
    Brief amici curiae of Free Speech Coalition, et al. filed.
  11. Jun 13 2023
    Waiver of right of respondent Boston Globe Media Partners LLC to respond filed.
  12. Jun 13 2023
    Waiver of right of respondents NBCUniversal, LLC; CNBC, LLC; Fox News Network, LLC; Cable News Network, Inc., et al. to respond filed.
  13. May 15 2023
    Petition for a writ of certiorari filed. (Response due June 20, 2023)