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The Estate of Isabella "Bella" Herndon, et al. v. Netflix, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15260 · judgment February 27, 2024


GVR'd · February 24, 2025
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether diversity jurisdiction in the context of the Class Action Fairness Act may be established without ever identifying a diverse person or their state or country of citizenship.

  2. Whether diversity jurisdiction under Article III may be exercised without ever establishing personal jurisdiction over a diverse person.

  3. Whether, under TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), jurisdiction may be predicated on injury-at-law under wrongful-death or survivorship statutes without showing Article III injury-in-fact.

  4. Whether this Court should grant, vacate, and remand— depending upon this Court’s forthcoming decision in a case submitted for decision this term, Royal Canin U.S.A. v. Wullschleger, No. 23-677.

Counsel of record

For petitioner
Andrew Benedict Grimm
Digital Justice Foundation, Inc.

For respondent
Elaine Janet Goldenberg
Munger, Tolles & Olson LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
24A149

Proceedings

  1. Mar 28 2025
    Judgment Issued.
  2. Feb 24 2025
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Royal Canin U.S.A., Inc. v. Wullschleger, 604 U. S. 22 (2025).
  3. Jan 15 2025
    DISTRIBUTED for Conference of 2/21/2025.
  4. Dec 27 2024
    Brief of respondent Netflix, Inc. in opposition filed.
  5. Nov 13 2024
    Motion to extend the time to file a response is granted and the time is extended to and including December 27, 2024.
  6. Nov 12 2024
    Motion to extend the time to file a response from November 27, 2024 to December 27, 2024, submitted to The Clerk.
  7. Oct 28 2024
    Response Requested. (Due November 27, 2024)
  8. Oct 23 2024
    DISTRIBUTED for Conference of 11/8/2024.
  9. Oct 18 2024
    Waiver of right of respondent Netflix, Inc. to respond filed.
  10. Oct 15 2024
    Petition for a writ of certiorari filed. (Response due November 18, 2024)
  11. Aug 08 2024
    Application (24A149) granted by Justice Kagan extending the time to file until October 14, 2024.
  12. Aug 05 2024
    Application (24A149) to extend the time to file a petition for a writ of certiorari from August 15, 2024 to October 14, 2024, submitted to Justice Kagan.