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CLA Estate Services, Inc., et al. v. Washington

Paid petition · Court of Appeals of Washington, Division 1, No. 82529-1-I · judgment August 22, 2022


Certiorari denied · January 8, 2024
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. Whether a company has fair notice under the Due Process Clause that it is barred from engaging in certain speech under a state consumer protection act, when the language of the relevant act is hopelessly vague, and the state attorney general previously indicated that such speech was not barred under the act and did not take any action for a number of years after learning the full scope of the company’s business.

  2. Whether the First Amendment tolerates a state consumer protection act which bars speech by individuals who are not members of a particular profession on a particular topic without regard to whether the speech is misleading or deceptive. (i)

Counsel of record

For petitioner
Carter G. Phillips
Sidley Austin LLP

For respondent
Noah Guzzo Purcell
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Linked docket
22A821

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 06 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Dec 04 2023
    Reply of petitioner CLA USA Inc. and CLA Estate Services, Inc. filed. (Distributed)
  4. Nov 16 2023
    Brief of respondent Washington in opposition filed.
  5. Sep 22 2023
    Motion to extend the time to file a response is granted and the time is extended to and including November 16, 2023.
  6. Sep 20 2023
    Motion to extend the time to file a response from October 2, 2023 to November 16, 2023, submitted to The Clerk.
  7. Aug 31 2023
    Response Requested. (Due October 2, 2023)
  8. Aug 09 2023
    DISTRIBUTED for Conference of 9/26/2023.
  9. Aug 01 2023
    Waiver of right of respondent Washington to respond filed.
  10. Jul 07 2023
    Petition for a writ of certiorari filed. (Response due August 10, 2023)
  11. Mar 15 2023
    Application (22A821) granted by Justice Kagan extending the time to file until July 8, 2023.
  12. Mar 13 2023
    Application (22A821) to extend the time to file a petition for a writ of certiorari from May 9, 2023 to July 8, 2023, submitted to Justice Kagan.