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Winklevi and Narendra: Coming to a First Circuit Court Near You?

By Tanya Roth, Esq. on June 29, 2011 | Last updated on March 21, 2019

Anyone who thought that Cameron and Tyler Winklevoss were done suing Facebook needs to think again.

The Winklevi are now taking their Facebook lawsuit from the 9th Circuit to the area that is the responsibility of the 1st Circuit.

Perhaps they think they stand a better chance in the First Circuit. Given the trajectory of the last case that made it all the way up to the Ninth Circuit Court of Appeals, we can likely expect this case to reach the First Circuit Court of Appeals as well. And perhaps, from there, we might see it go to SCOTUS. Who knows?

According to PC Magazine, these never say die litigants are filing their Facebook woes in Massachusetts now, after Judge Kozinski of the 9th Circuit Court of Appeals scolded them in their California appeal.

The Massachusetts claim, reports PC Mag, talks of some instant messages exchanged between Mark Zuckerberg and the trio (2 Winklevi plus Divya Narendra). The trio argues that these IMs shed new light on what really went on, back in the days of Harvard.

The old lawsuit, which was expected by some to knock on the doors of SCOTUS, alleged that the trio was mislead regarding the value of the shares they received in the settlement of the original Facebook lawsuit (i.e., the lawsuit that started it all). Judge Alex Kozinski of the Ninth Circuit told them that their case must come to an end, suggesting that they'd taken the fight too far.

For a split second, it seemed as though they got the memo. Last week, they filed a document in California, saying that they were ending the California litigation.

Well, now Winklevi watchers can follow the new Facebook lawsuit as it maneuvers its way through the Massachusetts federal courts and possibly up to the the First Circuit.

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