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Estate of Carson Bride, By and Through His Appointed Administrator Kristin Bride, et al. v. Yolo Technologies, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-55134 · judgment August 22, 2024


Certiorari denied · March 24, 2025
Pre-decision estimate: 57% cert probability (95% interval 46%–68%)

Before the decision, about 13.9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Ninth Circuit decision below, and down for a business respondent.

Question presented

Section 230 of the Communications Decency Act states that no service provider “shall be treated as the publisher or speaker of any information provided by another information content provider,” or, more colloquially, by a third-party user of the service. Id. §230(c)(1). The second part protects actions taken by a service provider to moderate and restrict material it “considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.” Id. §230(c)(2). Section 230 expressly preempts any state laws with which it may conflict. Id. §230(e)(3). The Question Presented Is: Whether Section 230(c)(1) of the CDA immunizes an online anonymous messaging app from products liability claims, where the app was alleged to be dangerously designed because it facilitated one-sided anonymous messaging and its stated safety feature of revealing and banning harassers did not work?

Counsel of record

For petitioner
Andrew Rozynski
Eisenberg & Baum, LLP

For respondent
Stephen Robert McAllister
Dentons US LLP

Case

Conference history
Distributed for 1 conference

Linked docket
24A500

Proceedings

  1. Mar 24 2025
    Petition DENIED.
  2. Feb 26 2025
    DISTRIBUTED for Conference of 3/21/2025.
  3. Feb 19 2025
    Waiver of right of respondent Yolo Technologies, Inc. to respond filed.
  4. Feb 03 2025
    Petition for a writ of certiorari filed. (Response due March 14, 2025)
  5. Nov 21 2024
    Application (24A500) granted by Justice Kagan extending the time to file until February 3, 2025.
  6. Nov 18 2024
    Application (24A500) to extend the time to file a petition for a writ of certiorari from December 5, 2024 to February 3, 2025, submitted to Justice Kagan.