No. 20-332

Maggy Hurchalla v. Lake Point Phase I, LLC, et al.

Lower Court: Florida
Docketed: 2020-09-14
Status: Denied
Type: Paid
Amici (2)
Tags: first-amendment free-speech genuine-belief governmental-action petition-clause public-concern tort-award verifiable-assertion
Key Terms:
FirstAmendment
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether a tort award against a speaker violates the Free Speech or Petition Clause when the statement could reasonably be construed as a verifiable and true assertion or as an unverifiable opinion, the speaker genuinely believed the statement, and there is no evidence the statement caused the adverse governmental action

Question Presented (OCR Extract)

QUESTIONS PRESENTED Where a person speaks to a government official on a matter of public concern, and a subsequent governmental action regarding that matter harms a third party, whether a tort award against the speaker and in favor of the third party violates the Free Speech or Petition Clause of the First Amendment to the U.S. Constitution when the statement could reasonably be construed as a verifiable and true assertion or as an unverifiable opinion, when the speaker genuinely believed the statement, and when there is no evidence that the statement caused the adverse governmental action. @

Docket Entries

2021-01-11
Petition DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-12-02
Reply of petitioner Maggy Hurchalla filed. (Distributed)
2020-11-13
Brief of respondents Lake Point Phase I, LLC & Lake Point Phase II, LLC in opposition filed.
2020-10-14
Brief amici curiae of Bullsugar.org, et al filed.
2020-10-10
Brief amici curiae of Protect the Protest Task Force, et al. filed.
2020-10-06
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2020.
2020-10-05
Motion to extend the time to file a response from October 14, 2020 to November 13, 2020, submitted to The Clerk.
2020-09-10
Petition for a writ of certiorari filed. (Response due October 14, 2020)

Attorneys

Bullsugar.org, et al
Richard Joseph GrossoRichard Grosso PA, Amicus
Lake Point Phase I, LLC & Lake Point Phase II, LLC
Chris William AltenberndBanker Lopez Gassler P.A., Respondent
Maggy Hurchalla
Jamie S. GorelickWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Protect the Protest Task Force
Lauren C. ReganCivil Liberties Defense Center, Amicus