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Thurayyah Z. Richardson v. The Procter and Gamble Company, et al.

Paid petition · Appellate Division, Supreme Court of New York, First Judicial Department, No. 2022-00620 · judgment October 6, 2022


Certiorari denied · January 8, 2024
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Where a trial court deciding summary judgment resolves genuine issues of disputed material fact adversely to Plaintiff instead of ruling on the law, has the Plaintiff been denied the due process of law in violation of the Fifth and Fourteenth Amendments to the United States Constitution?

  2. Where an appellate court upholds a grant of summary judgment, finding that the unverified, unsworn complaint is a judicial admission binding on the Plaintiff, which is opposite the law and the applicable binding precedent, has Plaintiff been denied the due process of law in violation of the Fourteenth and Fifth Amendments to the United States Constitution by an abuse of discretion?

  3. Where an appellate court decides a case partially upon a plainly incorrect assertion that an issue (that the contract was oral) was not raised until summary judgment, but the record is plain and incontrovertible that the issue was raised in discovery months earlier, did the plain error deny Plaintiff the due process of law in violation of the Fifth and Fourteenth Amendments to the United States Constitution by a clear error?

  4. Where a Plaintiff consented to a specific use of her image on a product box for U.S. stores over a specific period of time, does the single publication rule apply to bar recovery for use of the image on the box for internet advertising in all countries for all time?

Counsel of record

For petitioner
Roger Keith Marion
Marion & Allen, P.C.

For respondent
Robert S. Friedman
Sheppard Mullin Richter & Hampton LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 08 2024
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
  2. Nov 29 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Nov 28 2023
    Reply of petitioner Thurayyah Richardson filed. (Distributed)
  4. Nov 13 2023
    Brief of respondents The Proctor and Gamble Company, et al. in opposition filed.
  5. Aug 16 2023
    Petition for a writ of certiorari filed. (Response due November 13, 2023)