Supreme Court of the United States · Official docket →
National Basketball Association v. Michael Salazar
Paid petition · United States Court of Appeals for the Second Circuit, No. 23-1147 · judgment October 15, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Second Circuit decision below.
Questions presented
The Video Privacy Protection Act prohibits any “video tape service provider” from “knowingly disclos[ing] … personally identifiable information concerning any consumer of such provider.” 18 U.S.C. § 2710(b)(1). The statute defines “video tape service provider” as “any person, engaged in the business … of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials.” Id. § 2710(a)(4). It defines “consumer” as “any renter, purchaser, or subscriber of goods or services from a video tape service provider.” Id. § 2710(a)(1). The NBA shows basketball highlights on its free public-facing website, and also allows fans to subscribe to a free online newsletter. Michael Salzar subscribes to the NBA’s newsletter. Separately, he claims he watched videos on the NBA’s website. He claims that the NBA’s website discloses his video viewing history to Meta, the company that operates Facebook, so that Meta can send him targeted ads. He does not allege that Meta ever has, or will, disclose his viewing history to the general public. The questions presented are:
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Whether a consumer claiming that he was harmed by disclosure of his personal information must plead that his information was revealed to the public to establish Article III standing, as the Third, Seventh, Tenth, and Eleventh Circuits have held, or whether the consumer need only plead that his information was disclosed to any third party without his consent, as the Second Circuit held below.
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Whether the VPPA bars a business from disclosing information about consumers who do not subscribe to its audiovisual goods or services.
Counsel of record
For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP
For respondent
Joshua Ian Hammack
Bailey & Glasser, LLP
Proceedings
- Dec 08 2025Petition DENIED.
- Dec 04 2025Supplemental brief of petitioner National Basketball Association filed.
- Dec 01 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 18 2025Rescheduled.
- Nov 17 2025DISTRIBUTED for Conference of 11/21/2025.
- Nov 10 2025DISTRIBUTED for Conference of 11/14/2025.
- Nov 10 2025Rescheduled.
- Nov 03 2025DISTRIBUTED for Conference of 11/7/2025.
- Nov 03 2025Rescheduled.
- Oct 15 2025Rescheduled.
- Oct 14 2025DISTRIBUTED for Conference of 10/17/2025.
- Oct 07 2025Rescheduled.
- Oct 07 2025Supplemental brief of respondent Michael Salazar filed.
- Oct 06 2025DISTRIBUTED for Conference of 10/10/2025.
- Sep 23 2025Rescheduled.
- Sep 02 2025Supplemental brief of respondent Michael Salazar filed. (Distributed)
- Aug 29 2025Supplemental brief of petitioner National Basketball Association filed. (Distributed)
- Aug 28 2025Letter of National Basketball Association not accepted for filing. (To be submitted as supplemental brief - August 29, 2025)
- Aug 15 2025Supplemental brief of petitioner National Basketball Association filed. (Distributed)
- Aug 13 2025Supplemental brief of respondent Michael Salazar filed. (Distributed)
- Jul 16 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 16 2025Reply of petitioner National Basketball Association filed. (Distributed)
- Jun 30 2025Brief of respondent Michael Salazar in opposition filed.
- May 02 2025Brief amicus curiae of National Football League filed.
- May 02 2025Brief amici curiae of National Retail Federation, et al. filed.
- Apr 24 2025Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2025.
- Apr 22 2025Motion to extend the time to file a response from May 2, 2025 to July 1, 2025, submitted to The Clerk.
- Apr 02 2025Response Requested. (Due May 2, 2025)
- Mar 26 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 25 2025Waiver of right of respondent Michael Salazar to respond filed.
- Mar 14 2025Petition for a writ of certiorari filed. (Response due April 17, 2025)
- Jan 08 2025Application (24A629) granted by Justice Sotomayor extending the time to file until March 14, 2025.
- Dec 23 2024Application (24A629) to extend the time to file a petition for a writ of certiorari from January 13, 2025 to March 14, 2025, submitted to Justice Sotomayor.