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Paulette Barclift v. Keystone Credit Services, LLC

Paid petition · United States Court of Appeals for the Third Circuit, No. 22-1925 · judgment February 16, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 7% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a Third 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.

Questions presented

  1. Whether under TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), a plaintiff alleging an intangible harm need only allege one that is similar in kind, and not degree, “to a harm traditionally recognized as providing a basis for a lawsuit in American Courts” to satisfy Article III standing, id. at 433, or if a plaintiff must allege an intangible harm that satisfies all the material elements of a common law tort.

  2. In the alternative, whether the Court should overrule TransUnion, at least to the extent that it requires a plaintiff allege an intangible harm that satisfies the material elements of a common-law tort in order to establish Article III standing.

Counsel of record

For petitioner
Daniel Martin Sullivan
Holwell Shuster & Goldberg LLP

For respondent
Lann Gottesman McIntyre
Lewis Brisbois Bisgaard & Smith LLP

Case

Conference history
Distributed for 1 conference

Linked docket
23A952

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Sep 04 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Sep 03 2024
    Reply of petitioner Paulette Barclift filed. (Distributed)
  4. Aug 21 2024
    Brief of respondent Keystone Credit Services, LLC in opposition filed.
  5. Jul 12 2024
    Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2024.
  6. Jul 10 2024
    Motion to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk.
  7. Jun 17 2024
    Petition for a writ of certiorari filed. (Response due July 22, 2024)
  8. Apr 24 2024
    Application (23A952) granted by Justice Alito extending the time to file until June 17, 2024.
  9. Apr 19 2024
    Application (23A952) to extend the time to file a petition for a writ of certiorari from May 16, 2024 to July 15, 2024, submitted to Justice Alito.