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Jennifer L. Cooper, et al. v. US Dominion, Inc., et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 22-1361 · judgment December 13, 2023


Certiorari denied · October 7, 2024
Pre-decision estimate: 3% cert probability

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

Questions presented

Petitioners executed affidavits about election worker partisanship in the 2020 general election. Thereafter, they received cease-and-desist letters from counsel for Dominion, a voting systems company. The letters falsely accused petitioners of defamation, threatened litigation, and made demands. Dominion’s P.R. firm gave letter copies, with petitioners’ names and addresses, to the Washington Post. The letters produced confusion and distress in the petitioners and caused them to stop speaking about the election. Petitioners sued. The district court found injury-in-fact for one claim but dismissed the case. A divided Tenth Circuit panel affirmed the dismissal but reversed the finding of injury. The concurring judge expressed “less confidence than the majority” that petitioners lacked standing. The panel designated its opinion non-precedential and refused to publish it. Two questions are presented:

  1. Whether the recipients of a cease-and-desist letter—which falsely accuses them of defamation, threatens imminent litigation, demands retractions, requires they preserve texts and emails, and insists they respond, and which is copied to a national newspaper as well as to the recipients—have an injury-in-fact for purposes of Article III standing.

  2. Whether the petitioners’ equal protection rights under the Fifth Amendment’s Due Process Clause requires the Tenth Circuit to publish its opinion on injury-in-fact as binding precedent for all circuit litigants, not just the petitioners.

Counsel of record

For petitioner
Robert Alexander McGuire III
Robert McGuire Law Firm

For respondent
David B. Meschke
Brownstein Hyatt Farber Schreck, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
23A887

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jul 02 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jun 11 2024
    Waiver of right of respondent US Dominion, Inc., et al. to respond filed.
  4. May 15 2024
    Petition for a writ of certiorari filed. (Response due June 20, 2024)
  5. Apr 08 2024
    Application (23A887) granted by Justice Gorsuch extending the time to file until May 15, 2024.
  6. Apr 02 2024
    Application (23A887) to extend the time to file a petition for a writ of certiorari from April 15, 2024 to June 14, 2024, submitted to Justice Gorsuch.