Supreme Court Report

Supreme Court of the United States · Official docket →

Alan Grayson v. No Labels, Inc., et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-11740 · judgment October 21, 2022

Certiorari denied · May 22, 2023
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Should the “actual malice” standard for state­ law defamation claims by “public figures” imposed by New York Times Co. v. Sullivan, 376 U.S. 254 (1964) be revisited by this Court—as a number of Justices have stated is necessary—especially as applied to non­media defendants?

  2. Is it a misapplication of the Times v. Sullivan “actual malice” standard to deem the use of “footnotes” (citing supposed external sources) in an otherwise defamatory statement as negating all other evidence of actual malice, such as outright fabrication?

  3. Regarding civil procedure, should this Court resolve the conflict among the Circuits by reversing the lower court’s ruling that a futile amendment of a complaint is required, and the failure to make such a futile amendment of a dismissed claim waives such dismissed claim and bars appellate review of its dismissal?

Counsel of record

For petitioner
Jason W. Johnson
Byrd Campbell, P.A.

For respondent
Christopher D. Man
Winston & Strawn LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 22 2023
    Motion for leave to file amicus brief filed by Professor David A. Logan DENIED.
  2. May 22 2023
    Petition DENIED.
  3. May 16 2023
    Supplemental brief of petitioner Alan Grayson filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. May 02 2023
    DISTRIBUTED for Conference of 5/18/2023.
  5. Apr 28 2023
    Reply in Support of Motion for leave to file amicus brief filed by Professor David A. Logan. (Distributed)
    Main DocumentProof of Service
  6. Apr 25 2023
    Response to motion from respondents No Labels, Inc., et al. filed.
    Main DocumentProof of Service
  7. Apr 24 2023
    Reply of petitioner Alan Grayson filed.
    Main DocumentProof of ServiceCertificate of Word Count
  8. Apr 24 2023
    Motion for leave to file amicus brief filed by Professor David A. Logan.
    Main DocumentOtherProof of ServiceCertificate of Word Count
  9. Apr 12 2023
    Brief of respondents No Labels, Inc., et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  10. Mar 23 2023
    Response Requested. (Due April 24, 2023)
  11. Mar 22 2023
    DISTRIBUTED for Conference of 4/14/2023.
  12. Mar 20 2023
    Waiver of right of respondent No Labels, Inc., et al. to respond filed.
    Main Document
  13. Mar 14 2023
    Petition for a writ of certiorari filed. (Response due April 17, 2023)
    PetitionAppendixCertificate of Word CountProof of Service