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Conference of Presidents of Major Italian American Organizations, Inc., et al. v. City of Philadelphia, Pennsylvania, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 22-1116 · judgment January 27, 2023
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 business petitioner, and down for a state or local-government respondent and a petition filed soon after the judgment below.
Question presented
Whether the Court of Appeals erred in deviating from the test for standing employed by the Eleventh Circuit in Gardner v. Mutz, 857 F. App'x 633, 634 (11th Cir. 2021) and holding that Plaintiffs—individuals and groups with vested interests in celebrating a previously recognized ethnic holiday—lack standing to bring this lawsuit, despite suffering an injury in fact from a purposely discriminatory executive order by a City Mayor, motivated by the modern day “cancel culture,” which cancelled the ethnic holiday in favor of another ethnicity’s holiday causing redressable harm to Petitioners that flowed directly from the actions of the Mayor and the City.
Counsel of record
For petitioner
G. Alexander Bochetto
Bochetto & Lentz, P.C.
For respondent
Jane Lovitch Istvan
City of Philadelphia Law Department
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 02 2023Petition DENIED.
- Jun 28 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 09 2023Waiver of right of respondent Mayor James F. Kenney, City of Philadelphia to respond filed.
- May 18 2023Petition for a writ of certiorari filed. (Response due June 22, 2023)