No. 23-764

Facebook, Inc. v. Rosemarie Vargas, et al.

Lower Court: Ninth Circuit
Docketed: 2024-01-17
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: article-iii-standing circuit-conflict circuit-split civil-procedure federal-jurisdiction Iqbal judicial-procedure ninth-circuit-precedent plausibility plausibility-standard standing Twombly
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Does the Twombly-Iqbal plausibility standard apply to a plaintiff's allegations of Article III standing?

Question Presented (from Petition)

QUESTION PRESENTED Twelve of the thirteen courts of appeals have held that in analyzing whether a plaintiff has alleged Article III standing, courts must apply the plausibility standard set out in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). But the Ninth Circuit has held that plausibility is “ill-suited” to questions of Article III standing, Maya v. Centex Corp., 658 F.3d 1060, 1067-68 (9th Cir. 2011), and that courts analyzing allegations of standing should instead demand only “‘general factual allegations of injury,” id.; accord Ernest Bock, LLC v. Steelman, 76 F.4th 827, 835 (9th Cir. 2023). Here, a divided panel of the Ninth Circuit applied that antiquated standard, over a dissent that would have applied Twombly and Iqbal. And rather than grant rehearing to resolve the 12-1 circuit conflict, the panel later amended its opinion to delete its reference to Ninth Circuit precedent that rejects the Twombly-Iqbal plausibility standard, while leaving the rest of its analysis untouched. The question presented is: Does the Twombly-Iqbal plausibility standard apply to a plaintiff’s allegations of Article III standing?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-24
DISTRIBUTED for Conference of 2/16/2024.
2024-01-19
Waiver of right of respondent Rosemarie Vargas, et al. to respond filed.
2024-01-11
Petition for a writ of certiorari filed. (Response due February 16, 2024)

Attorneys

Facebook, Inc.
Theodore J. Boutrous Jr.Gibson, Dunn & Crutcher LLP, Petitioner
Theodore J. Boutrous Jr.Gibson, Dunn & Crutcher LLP, Petitioner
Rosemarie Vargas, et al.
Gerard V. ManteseMantese Honigman, PC, Respondent
Gerard V. ManteseMantese Honigman, PC, Respondent