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McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15710, 22-15732 · judgment October 25, 2023


Decided · June 20, 2025
Pre-decision estimate: 3% cert probability

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

Question presented

Whether the Hobbs Act required the district court in this case to accept the FCC's legal interpretation of the Telephone Consumer Protection Act.

Counsel of record

For petitioner
Matthew W.H. Wessler
Gupta Wessler LLP

For respondent
Deanne Elizabeth Maynard
Morrison & Foerster LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
4 merits
(2 supporting pet./neither, 2 respondent)

Argument & decision

Argued January 21, 2025 — Matthew W.H. Wessler · Joseph R. Palmore. Audio and transcript

Decided June 20, 2025. Opinion by Kavanaugh.

Proceedings

  1. Jul 22 2025
    Judgment Issued.
  2. Jun 20 2025
    Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which, Roberts, C. J., and Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Kagan, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined.
  3. Jan 21 2025
    Argued. For petitioner: Matthew W.H. Wessler, Washington, D. C. For respondents: Joseph R. Palmore, Washington, D. C.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
  4. Jan 10 2025
    Reply of petitioner McLaughlin Chiropractic Associates, Inc. filed. (Distributed)
  5. Jan 08 2025
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Dec 26 2024
    Brief amici curiae of CTIA—The Wireless Association, et al. filed. (Distributed)
  7. Dec 23 2024
    Brief amicus curiae of United States filed. (Distributed)
  8. Dec 23 2024
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  9. Dec 18 2024
    Brief of respondents McKesson Corporation, et al. filed. (Distributed)
  10. Dec 03 2024
    CIRCULATED
  11. Nov 25 2024
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  12. Nov 25 2024
    Brief amici curiae of The Local Government Legal Center filed (reprinted booklets received Dec. 17, 2024). (Distributed)
  13. Nov 25 2024
    Brief amicus curiae of Public Citizen filed. (Distributed)
  14. Nov 18 2024
    Brief of petitioner McLaughlin Chiropractic Associates, Inc. filed.
  15. Nov 13 2024
    Record requested from the United States Court of Appeals for the Ninth Circuit.
  16. Nov 13 2024
    Motion to dispense with printing the joint appendix filed by petitioner McLaughlin Chiropractic Associates, Inc.
  17. Nov 13 2024
    Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
  18. Oct 31 2024
    SET FOR ARGUMENT on Tuesday, January 21, 2025.
  19. Oct 04 2024
    Petition GRANTED.
  20. Aug 21 2024
    DISTRIBUTED for Conference of 9/30/2024.
  21. Aug 21 2024
    Reply of petitioner McLaughlin Chiropractic Associates, Inc. filed. (Distributed)
  22. Aug 05 2024
    Brief of respondents McKesson Corporation, et al. in opposition filed.
  23. Jun 21 2024
    Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2024.
  24. Jun 18 2024
    Motion to extend the time to file a response from July 5, 2024 to August 5, 2024, submitted to The Clerk.
  25. Jun 05 2024
    Response Requested. (Due July 5, 2024)
  26. May 28 2024
    DISTRIBUTED for Conference of 6/13/2024.
  27. May 23 2024
    Waiver of right of respondent McKesson Corporation, et al. to respond filed.
  28. May 17 2024
    Petition for a writ of certiorari filed. (Response due June 20, 2024)
  29. Mar 13 2024
    Application (23A839) granted by Justice Kagan extending the time to file until May 17, 2024.
  30. Mar 08 2024
    Application (23A839) to extend the time to file a petition for a writ of certiorari from March 19, 2024 to May 17, 2024, submitted to Justice Kagan.