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Gregory Lala, Chairman, Louisiana Motor Vehicle Commission, et al. v. Tesla, Incorporated, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-30480 · judgment August 26, 2024


Certiorari denied · June 23, 2025
Pre-decision estimate: 9% cert probability (95% interval 5%–14%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a state or local-government petitioner.

Question presented

This Court’s cases regarding industry participants on State regulatory boards make it “sufficiently clear” that “those with substantial pecuniary interest in legal proceedings should not adjudicate these disputes.” Gibson v. Berryhill, 411 U.S. 564, 578 (1973). At the same time, however, an industry participant’s mere status as a competitor vis-à-vis a regulated party does not constitute a due process problem. Friedman v. Rogers, 440 U.S. 1, 18 & n.19 (1979). In the decision below (joined by only the authoring judge), the Fifth Circuit reversed the dismissal of a due process claim without identifying the requisite substantial pecuniary interest allegedly held by an industry participant. The question presented is: Whether the Court should grant, vacate, and remand with instructions to the Fifth Circuit to identify any alleged substantial pecuniary interest held by an industry participant.

Counsel of record

For petitioner
Jorge Benjamin Aguinaga
Louisiana Department of Justice

For respondent
Ari Benjamin Asher Holtzblatt
Wilmer Cutler Pickering Hale and Dorr LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
24A599

Proceedings

  1. Jun 23 2025
    Petition DENIED.
  2. Jun 21 2025
    Second Letter Response of Telsa, Incorporated; Tesla Lease Trust; and Tesla Finance, LLC submitted.
  3. Jun 20 2025
    Letter Advising the Court of Change in Law of Gregory Lala, et al. submitted.
  4. Jun 17 2025
    Letter Advising the Court of Imminent Change in Law of Gregory Lala, et al. submitted.
  5. Jun 17 2025
    Letter responding to petitioner's letter advising the Court of imminent change in law of Telsa, Incorporated; Tesla Lease Trust; and Tesla Finance, LLC submitted.
  6. Jun 03 2025
    DISTRIBUTED for Conference of 6/18/2025.
  7. Jun 03 2025
    Reply of petitioners Gregory Lala, et al. filed. (Distributed)
  8. May 15 2025
    Brief of respondents Telsa, Incorporated, et al. in opposition filed.
  9. Apr 15 2025
    Response Requested. (Due May 15, 2025)
  10. Apr 09 2025
    DISTRIBUTED for Conference of 4/25/2025.
  11. Mar 28 2025
    Waiver of right of respondents Telsa, Incorporated; Tesla Lease Trust; and Tesla Finance, LLC to respond filed.
  12. Feb 24 2025
    Petition for a writ of certiorari filed. (Response due March 28, 2025)
  13. Jan 21 2025
    Application (24A599) granted by Justice Alito extending the time to file until February 24, 2025.
  14. Jan 14 2025
    Application (24A599) to extend further the time from January 25, 2025 to February 24, 2025, submitted to Justice Alito.
  15. Dec 19 2024
    Application (24A599) granted by Justice Alito extending the time to file until January 25, 2025.
  16. Dec 16 2024
    Application (24A599) to extend the time to file a petition for a writ of certiorari from December 26, 2024 to January 27, 2025, submitted to Justice Alito.