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Facebook, Inc. v. Rosemarie Vargas, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16499 · judgment October 13, 2023
Before the decision, about 9.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Ninth Circuit decision below.
Question presented
Twelve of the thirteen courts of appeals have held that in analyzing whether a plaintiff has alleged Article III standing, courts must apply the plausibility standard set out in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). But the Ninth Circuit has held that plausibility is “ill-suited” to questions of Article III standing, Maya v. Centex Corp., 658 F.3d 1060, 1067-68 (9th Cir. 2011), and that courts analyzing allegations of standing should instead demand only “ ‘general factual allegations of injury,’ ” id.; accord Ernest Bock, LLC v. Steelman, 76 F.4th 827, 835 (9th Cir. 2023). Here, a divided panel of the Ninth Circuit applied that antiquated standard, over a dissent that would have applied Twombly and Iqbal. And rather than grant rehearing to resolve the 12–1 circuit conflict, the panel later amended its opinion to delete its reference to Ninth Circuit precedent that rejects the Twombly-Iqbal plausibility standard, while leaving the rest of its analysis untouched. The question presented is: Does the Twombly-Iqbal plausibility standard apply to a plaintiff ’s allegations of Article III standing?
Counsel of record
For petitioner
Theodore J. Boutrous Jr.
Gibson, Dunn & Crutcher LLP
For respondent
Gerard V. Mantese
Mantese Honigman, PC
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, February 20, 2024 · Certiorari denied
Proceedings
- Feb 20 2024Petition DENIED.
- Jan 24 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 19 2024Waiver of right of respondent Rosemarie Vargas, et al. to respond filed.
- Jan 11 2024Petition for a writ of certiorari filed. (Response due February 16, 2024)