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MARACICH v. SPEARS

Docket No.: 12-25
Certiorari Granted: Sep 25 2012
Argued: January 9, 2013
Decided: June 17, 2013

Topics:

ADA, ERISA, FOIA, Freedom of Information Act, Supremacy Clause, murder, privacy

PartyNames: Edward F. Maracich, et al. v. Michael Eugene Spears, et al.
Petitioner: Edward F. Maracich, et al.
Respondent: Michael Eugene Spears, et al.

Court Below: United States Court of Appeals for the Fourth Circuit
Citation: 675 F.3d 281
Supreme Court Docket

Edward F. Maracich, et al.
v.
Michael Eugene Spears, et al.
Question Presented:

1. Whether the Fourth Circuit erred in holding, contrary to every other court heretofore to have considered the issue, that lawyers who obtain, disclose, or use personal information solely to find clients to represent in an incipient lawsuit -as opposed to evidence for use in existing or potential litigation -may seek solace under the litigation exception of the Act. 2. Whether the Fourth Circuit erred in reaching the conclusion (in conflict with prior precedent) that a lawyer who files an action that effectively amounts to a "place holder" lawsuit may thereafter use DPPA-protected personal information to solicit plaintiffs for that action through a direct mail advertising campaign on the grounds that such use is "inextricably intertwined" with "use in litigation."

MARACICH v. SPEARS
ORAL ARGUMENT

January 9, 2013

Listen to Oral Argument in MARACICH v. SPEARS
Holding: vacated and remanded
Vote: 5-4

MARACICH v. SPEARS
Case Documents

1MARACICH v. SPEARS Oral Argument Transcript (PDF)
2MARACICH v. SPEARS Oral Argument Audio
3Slip Opinion in MARACICH v. SPEARS (Opinion by Justice Anthony M. Kennedy)