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Patrick Byrne v. US Dominion, Inc., et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 24-7195 · judgment March 24, 2025


Certiorari denied · November 10, 2025
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Petitioner / Appellant, Dr. Patrick Byrne, seeks review of the Order of the Circuit Court of Appeals of the District of Columbia, dismissing his appeal and refusing to review a District Court order disqualifying his counsel of choice in this defamation case brought by Respondent, U.S. Dominion, Inc., et al., and its multiple affiliated and international companies, seeking hundreds of millions of dollars from Petitioner. The questions presented for review are:

  1. In a civil defamation case where a discovery protective order is filed to shelter evidence of crimes, does a District Court err in affirming the disqualification of Petitioner’s counsel of choice for violating the protective order, where she was obligated by state statute (MCL 750.149) to report criminal activity found in the discovery documents to law enforcement?

  2. Where a civil litigant's right to retain counsel is rooted in Fifth Amendment notions of due process, was it a violation of Petitioner’s constitutional rights for the District Court to disqualify his counsel of choice and for the Court of Appeals to refuse to hear this substantive and directly impactful ruling on jurisdictional grounds? See, e.g., Potashnick v. Port City Constr. Co., 609 F.2d 1101, 1118 (5th Cir. 1980); Powell v. Alabama, 287 U.S. 45, 68, 53 S. Ct. 55, 77 L. Ed. 158 (1932); Guajardo-Palma v. Martinson, 622 F.3d 801, 803 (7th Cir. 2010).

Counsel of record

For petitioner
Peter David Ticktin
The Ticktin Law Group, PLLC

For respondent
Stephen Lee Shackelford Jr.
Susman Godfrey L.L.P.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 10 2025
    Petition DENIED.
  2. Oct 15 2025
    DISTRIBUTED for Conference of 11/7/2025.
  3. Oct 07 2025
    Waiver of right of respondent U.S. Dominion, Inc., et al. to respond filed.
  4. Sep 08 2025
    Petition for a writ of certiorari filed. (Response due October 10, 2025)