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Mark Habelt v. iRhythm Technologies, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15660 · judgment October 11, 2023


Certiorari denied · October 7, 2024
Pre-decision estimate: 7% cert probability (95% interval 5%–10%)

Before the decision, about 1.7× 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), and down for a business respondent.

Question presented

Does a named plaintiff who initiated a suit from which he was never dismissed or removed, who retains a financial stake in the litigation’s outcome, and who could be precluded from pursuing further redress have standing to appeal?

Counsel of record

For petitioner
Xiao Wang
University of Virginia School of Law

For respondent
Steffen Nathanael Johnson
Wilson Sonsini Goodrich & Rosati

Case

Conference history
Distributed for 2 conferences

Linked docket
23A791

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Aug 21 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Aug 16 2024
    Reply of petitioner Mark Habelt filed.
  4. Aug 02 2024
    Brief of respondents iRhythm Technologies, Inc., et al. in opposition filed.
  5. Jun 17 2024
    Motion to extend the time to file a response is granted and the time is extended to and including August 2, 2024.
  6. Jun 14 2024
    Motion to extend the time to file a response from July 5, 2024 to August 2, 2024, submitted to The Clerk.
  7. Jun 04 2024
    Response Requested. (Due July 5, 2024)
  8. May 28 2024
    DISTRIBUTED for Conference of 6/13/2024.
  9. May 20 2024
    Waiver of right of respondent iRhythm Technologies, Inc., et al. to respond filed.
  10. Apr 16 2024
    Petition for a writ of certiorari filed. (Response due May 20, 2024)
  11. Apr 01 2024
    Application (23A791) granted by Justice Kagan extending the time to file until April 16, 2024.
  12. Mar 25 2024
    Application (23A791) to extend further the time from April 4, 2024 to April 16, 2024, submitted to Justice Kagan.
  13. Feb 27 2024
    Application (23A791) granted by Justice Kagan extending the time to file until April 4, 2024.
  14. Feb 23 2024
    Application (23A791) to extend the time to file a petition for a writ of certiorari from March 5, 2024 to April 4, 2024, submitted to Justice Kagan.