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Donald V. Watkins, et al. v. Matrix, LLC, et al.

Paid petition · Supreme Court of Alabama, No. 1200892 · judgment September 23, 2022


Certiorari denied · February 27, 2023
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether the Alabama Courts’ grant and affirmance of a summary judgment for Respondents in a state law defamation case conflicts with this Court’s decisions in Anderson v. Liberty Lobby Inc., 477 U.S. 242 (1986); Celotex Corp. v. Catrett, 477 U.S. 317 (1986); and Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574 (1986) in a case where: (a) Petitioners pleaded First Amendment constitutional defenses in their Motion to Dismiss, Answers to the Complaint, and Opposition to Summary Judgment, (b) genuine issues of material facts existed with respect to whether Petitioner Donald V. Watkins was a professional online "journalist,” within the meaning of New York Times v. Sullivan, 376 U.S. 254 (1964), and Respondents were "public figures" at the time of publication, within the meaning of Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967) and Associated Press v. Walker, 388 U.S. 130 (1967), and with respect to the truth of the matters Respondents alleged to be defamatory, and (c) the Alabama Courts applied a simple "negligence" standard for determining liability on the defamation claims, rather than the "actual malice" or "reckless disregard for the truth" standard, which conflicts with this Court’s decision in Curtis Publishing Co. v. Butts and Associated Press v. Walker for "public figures"?

  2. Whether the Alabama Courts’ award and affirmance of $1.5 million in "presumed damages" for Respondents in a case where (a) First

Counsel of record

For petitioner
Byron Renard Perkins
Perkins Law, LLC

For respondent
Cason M. Kirby
Campbell Partners, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 27 2023
    Petition DENIED.
  2. Feb 08 2023
    DISTRIBUTED for Conference of 2/24/2023.
  3. Jan 25 2023
    Waiver of right of respondent Matrix, LLC, et al to respond filed.
  4. Dec 16 2022
    Petition for a writ of certiorari filed. (Response due January 26, 2023)