Supreme Court of the United States · Official docket →
Andrew Cohen, et al. v. Apple Inc.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-17307 · judgment August 26, 2022
Certiorari denied · May 22, 2023
Pre-decision estimate: 9% cert probability (95% interval 6%–14%)
Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.
Question presented
Are state health and safety laws impliedly preempted, under a purposes-and-objectives theory, by the FCC’s procedural guidelines for reporting how much radiation a cellphone emits?
Counsel of record
For petitioner
Matthew W.H. Wessler
Gupta Wessler PLLC
For respondent
Joseph Russell Palmore
Morrison & Foerster LLP
Proceedings
- May 22 2023Motion for leave to file amicus brief filed by City of Berkeley DENIED.
- May 22 2023Petition DENIED.
- May 02 2023DISTRIBUTED for Conference of 5/18/2023.
- May 01 2023Reply of petitioners Andrew Cohen, et al. filed. (Distributed)
- Apr 14 2023Brief of respondent Apple, Inc. in opposition filed.
- Mar 15 2023Amicus brief of Children’s Health Defense not accepted for filing. (April 12, 2023)
- Mar 15 2023Amicus brief of City of Berkeley not accepted for filing. (April 18, 2023)
- Mar 15 2023Motion for leave to file amicus brief filed by City of Berkeley. (April/18/2023)
- Mar 15 2023Brief amicus curiae of Children’s Health Defense (April 14, 2023) filed.
- Mar 02 2023Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2023.
- Mar 01 2023Motion to extend the time to file a response from March 15, 2023 to April 14, 2023, submitted to The Clerk.
- Feb 13 2023Response Requested. (Due March 15, 2023)
- Feb 01 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 26 2023Waiver of right of respondent Apple, Inc. to respond filed.
- Jan 23 2023Petition for a writ of certiorari filed. (Response due February 27, 2023)
- Nov 15 2022Application (22A427) granted by Justice Kagan extending the time to file until January 23, 2023.
- Nov 10 2022Application (22A427) to extend the time to file a petition for a writ of certiorari from November 24, 2022 to January 23, 2023, submitted to Justice Kagan.