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Apple Inc. v. Epic Games, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16506, 21-16695 · judgment April 24, 2023


Certiorari denied · January 16, 2024
Pre-decision estimate: 10% cert probability (95% interval 7%–14%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

A federal court may provide injunctive relief only to the named plaintiff, unless a class has been certified or broader relief is necessary to redress that plaintiff ’s injury. In this single-plaintiff lawsuit, the Ninth Circuit affirmed a universal injunction that affects millions of nonparties without any findings or evidence that such relief is necessary to redress the individual plaintiff ’s alleged injury. The question presented is: Whether, in the absence of class certification, a federal court is precluded from entering an injunction that extends to nonparties without a specific finding that such relief is necessary—as to all nonparties—to redress any injury to the individual plaintiff. (i)

Counsel of record

For petitioner
Mark Andrew Perry
Weil, Gotshal & Manges, LLP

For respondent
Thomas C. Goldstein

Case

Conference history
Distributed for 1 conference

Amicus briefs
5 cert-stage

Related
Vide, 23-337

Proceedings

  1. Jan 16 2024
    Petition DENIED.
  2. Dec 27 2023
    DISTRIBUTED for Conference of 1/12/2024.
  3. Dec 22 2023
    Reply of petitioner Apple Inc. filed. (Distributed)
  4. Dec 08 2023
    Brief of respondent Epic Games, Inc. in opposition filed.
  5. Nov 30 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2023.
  6. Nov 28 2023
    Motion to extend the time to file a response from December 1, 2023 to December 8, 2023, submitted to The Clerk.
  7. Nov 01 2023
    Brief amicus curiae of ACT | The App Association filed.
  8. Nov 01 2023
    Brief amici curiae of Washington Legal Foundation and TechFreedom filed.
  9. Oct 30 2023
    Brief amici curiae of NetChoice, et al. filed.
  10. Oct 30 2023
    Brief amicus curiae of Civil Justice Association of California filed.
  11. Oct 27 2023
    Brief amicus curiae of International Center for Law & Economics filed.
  12. Oct 17 2023
    Motion to extend the time to file a response is granted and the time is extended to and including December 1, 2023.
  13. Oct 14 2023
    Motion to extend the time to file a response from November 1, 2023 to December 1, 2023, submitted to The Clerk.
  14. Sep 28 2023
    Petition for a writ of certiorari filed. (Response due November 1, 2023)