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Property Matters USA, LLC v. Affordable Aerial Photography, Inc.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-12563 · judgment July 30, 2024


Certiorari denied · February 24, 2025
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

Whether a defendant is barred from recovering attorney’s fee under 17 U.S.C. §505 because a plaintiff’s Rule 41(a)(1) voluntary dismissal is not a court-ordered dismissal.

Counsel of record

For petitioner
Andrew David Lockton
McHale & Slavin, P.A.

For respondent
Daniel DeSouza
Copycat Legal PLLC

Case

Subject area
Attorneys (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Orders
Order list, February 24, 2025 · Certiorari denied
Order list, April 21, 2025 · Rehearing denied

Proceedings

  1. Apr 21 2025
    Rehearing DENIED.
  2. Apr 01 2025
    DISTRIBUTED for Conference of 4/17/2025.
  3. Mar 21 2025
  4. Feb 24 2025
    Petition DENIED.
  5. Feb 18 2025
    Supplemental brief of petitioner Property Matters USA, LLC filed. (Distributed)
  6. Jan 15 2025
    DISTRIBUTED for Conference of 2/21/2025.
  7. Jan 09 2025
    Waiver of right of respondent Affordable Aerial Photography, Inc. to respond filed.
  8. Dec 24 2024
    Petition for a writ of certiorari filed. (Response due January 27, 2025)