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Charles Johnson v. TheHuffingtonPost.com, Incorporated

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-20022 · judgment December 23, 2021


Certiorari denied · December 5, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether the panel majority of the Fifth Circuit correctly held that a national news organization’s website that harvests visitor location data to share with third parties for targeted marketing in a forum from which it derives substantial revenue does not subject that news organization to specific personal jurisdiction in that forum for a webpage on that site that contains an alleged libelous publication.

Counsel of record

For petitioner
Joseph David Sibley IV
Camara & Sibley, LLP

For respondent
Nicole A. Saharsky
Mayer Brown LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 05 2022
    Petition DENIED.
  2. Nov 15 2022
    DISTRIBUTED for Conference of 12/2/2022.
  3. Nov 11 2022
    Reply of petitioner Charles Johnson filed. (Distributed)
  4. Oct 31 2022
    Brief of respondent TheHuffingtonPost.com, Incorporated in opposition filed.
  5. Sep 20 2022
    Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2022.
  6. Sep 19 2022
    Motion to extend the time to file a response from September 30, 2022 to October 31, 2022, submitted to The Clerk.
  7. Aug 31 2022
    Response Requested. (Due September 30, 2022)
  8. Aug 17 2022
    DISTRIBUTED for Conference of 9/28/2022.
  9. Aug 15 2022
    Waiver of right of respondent TheHuffingtonPost.com, Incorporated to respond filed.
  10. Jul 26 2022
    Petition for a writ of certiorari filed. (Response due August 29, 2022)