Supreme Court of the United States · Official docket →
Wealthy, Inc., et al. v. Spencer Cornelia, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-16132, 23-3227, 23-3390, 24-159 · judgment February 25, 2026
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Many States have enacted anti-SLAPP statutes that authorize a special motion to dismiss, impose a heightened burden on the plaintiff, and mandate feeshifting to a prevailing defendant. The courts of appeals are divided three ways on whether and how such statutes operate in federal court under Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., 559 U.S. 393 (2010). The D.C., Second, Fifth, and Eleventh Circuits hold they are displaced by Federal Rules of Civil Procedure 12(b)(6) and 56. The First Circuit applies them as enacted. The Ninth Circuit— in the decision below—applies a hybrid approach that substitutes the Federal Rules’ merits standards while preserving mandatory fee-shifting. The court below granted Nevada’s anti-SLAPP special motion to dismiss after designating Petitioners as limited-purpose public figures and finding no actual malice under New York Times Co. v. Sullivan, 376 U.S. 254 (1964). The Questions Presented are:
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Whether such an anti-SLAPP statute is displaced by Rules 12(b)(6) and 56, applies as enacted, or applies only in the hybrid form described above.
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Whether the Ninth Circuit erred by designating Petitioners as limited-purpose public figures without finding a pre-existing public controversy, voluntary injection into it, and germaneness, as required by Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), Wolston v. Reader’s Digest Ass’n, 443 U.S. 157 (1979), and Hutchinson v. Proxmire, 443 U.S. 111 (1979).
Counsel of record
For petitioner
Jeffrey Bryan Vockrodt
CM Law LLP
For respondent
L. Renee Green
Kravitz Schnitzer Johnson & Watson, Chtd.
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Aug 26 2026Brief of respondents Spencer Cornelia, et al. in opposition filed.
- Jul 27 2026Response Requested. (Due August 26, 2026)
- Jul 15 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 29 2026Amicus brief of Wealthy, Inc., et al. not accepted for filing. (To be resubmitted on behalf of Thomas More Society - June 29, 2026)
- Jun 29 2026Brief amicus curiae of Thomas More Society filed. (Resubmitted)
- May 26 2026Petition for a writ of certiorari filed. (Response due June 29, 2026)