Supreme Court of the United States · Official docket →
B&G Foods North America, Inc. v. Kim Embry, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-16971 · judgment March 17, 2022
Certiorari denied · October 3, 2022
Pre-decision estimate: 8% cert probability (95% interval 6%–11%)
Before the decision, about 2× the 4.1% base rate. The model weighted this up for a Ninth 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 judge-made Noerr-Pennington doctrine immunizes state actors who seek to enforce unconstitutional laws and regulations.
Counsel of record
For petitioner
Forrest A. Hainline III
BraunHagey & Borden LLP
For respondent
Craig M. Nicholas
Nicholas &
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Aug 10 2022DISTRIBUTED for Conference of 9/28/2022.
- Aug 08 2022Waiver of right of respondent Kim Embry, et al. to respond filed.
- Jul 25 2022Petition for a writ of certiorari filed. (Response due August 29, 2022)