No. 23-344

Apple Inc. v. Epic Games, Inc.

Lower Court: Ninth Circuit
Docketed: 2023-10-02
Status: Denied
Type: Paid
Amici (5) Experienced Counsel
Tags: civil-rights class-certification constitutional-limitations due-process federal-court injunction injunctive-relief judicial-scope ninth-circuit nonparties nonparty-impact standing
Key Terms:
Antitrust DueProcess Privacy JusticiabilityDoctri ClassAction
Latest Conference: 2024-01-12
Related Cases: 23-337 (Vide)
Question Presented (AI Summary)

Whether, in the absence of class certification, a federal court is precluded from entering an injunction that extends to nonparties without a specific finding that such relief is necessary—as to all nonparties—to redress any injury to the individual plaintiff

Question Presented (OCR Extract)

QUESTION PRESENTED A federal court may provide injunctive relief only to the named plaintiff, unless a class has been certified or broader relief is necessary to redress that plaintiff’s injury. In this single-plaintiff lawsuit, the Ninth Circuit affirmed a universal injunction that affects millions of nonparties without any findings or evidence that such relief is necessary to redress the individual plaintiff's alleged injury. The question presented is: Whether, in the absence of class certification, a federal court is precluded from entering an injunction that extends to nonparties without a specific finding that such relief is necessary—as to all nonparties—to redress any injury to the individual plaintiff. @

Docket Entries

2024-01-16
Petition DENIED.
2023-12-27
DISTRIBUTED for Conference of 1/12/2024.
2023-12-22
2023-12-08
2023-11-30
Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2023.
2023-11-28
Motion to extend the time to file a response from December 1, 2023 to December 8, 2023, submitted to The Clerk.
2023-11-01
2023-11-01
Brief amici curiae of Washington Legal Foundation and TechFreedom filed.
2023-10-30
2023-10-30
Brief amicus curiae of Civil Justice Association of California filed.
2023-10-27
Brief amicus curiae of International Center for Law & Economics filed.
2023-10-17
Motion to extend the time to file a response is granted and the time is extended to and including December 1, 2023.
2023-10-14
Motion to extend the time to file a response from November 1, 2023 to December 1, 2023, submitted to The Clerk.
2023-09-28
Petition for a writ of certiorari filed. (Response due November 1, 2023)

Attorneys

ACT | The App Association
Robert Edward DunnEimer Stahl LLP, Amicus
Robert Edward DunnEimer Stahl LLP, Amicus
Apple Inc.
Mark Andrew PerryWeil, Gotshal & Manges, LLP, Petitioner
Mark Andrew PerryWeil, Gotshal & Manges, LLP, Petitioner
Civil Justice Association of California
Calvin HouseGutierrez, Preciado & House, LLP, Amicus
Calvin HouseGutierrez, Preciado & House, LLP, Amicus
Epic Games, Inc.
Thomas C. Goldstein — Respondent
Thomas C. Goldstein — Respondent
International Center for Law & Economics
Anna-Rose MathiesonComplex Appellate Litigation Group LLP, Amicus
Anna-Rose MathiesonComplex Appellate Litigation Group LLP, Amicus
NetChoice
Carl Michael SzaboNetChoice, Amicus
Carl Michael SzaboNetChoice, Amicus
Washington Legal Foundation and TechFreedom
John Mercer Masslon IIWashington Legal Foundation, Amicus
John Mercer Masslon IIWashington Legal Foundation, Amicus