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Lawrence Pascal v. Concentra, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15033 · judgment April 13, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

47 U.S.C. § 227(a)(1) of the Telephone Consumer Protection Act (“TCPA”) defines an automatic telephone dialing system (“autodialer”) as equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers. The question presented is as follows: Whether equipment that stores telephone numbers to be called using a random or sequential number generator and dials such numbers qualifies as an autodialer.

Counsel of record

For petitioner
Mark Louis Javitch
Javitch Law Office

For respondent
Raymond A. Cardozo
Reed Smith, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Aug 30 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Aug 28 2023
    Reply of petitioner Lawrence Pascal filed. (Distributed)
  4. Aug 14 2023
    Brief of respondent Concentra, Inc. in opposition filed.
  5. Aug 03 2023
    Supplemental brief of petitioner Lawrence Pascal filed.
  6. Jul 12 2023
    Petition for a writ of certiorari filed. (Response due August 14, 2023)