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John C. Parkinson v. Department of Justice

Paid petition · United States Court of Appeals for the Federal Circuit, No. 15-3066 · judgment October 26, 2017

Certiorari denied · June 18, 2018
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.

Question presented

Whether preference-eligible employees of the Federal Bureau of Investigation may raise whistleblower retaliation as an affirmative defense in proceedings before the Merit Systems Protection Board. (i)

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Jun 18 2018
    Petition DENIED.
  2. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  3. May 23 2018
    Reply of petitioner John C. Parkinson filed.
  4. May 09 2018
    Brief of respondent Department of Justice in opposition filed.
  5. Mar 09 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including May 9, 2018.
  6. Mar 08 2018
    Motion to extend the time to file a response from April 9, 2018 to May 9, 2018, submitted to The Clerk.
  7. Mar 08 2018
    Brief amicus curiae of The Rutherford Institute filed.
  8. Mar 08 2018
    Brief amici curiae of Michael German, Robert Kobus, Jane Turner, et al. filed.
  9. Feb 28 2018
    Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2018.
  10. Feb 27 2018
    Motion to extend the time to file a response from March 8, 2018 to April 9, 2018, submitted to The Clerk.
  11. Jan 24 2018
    Petition for a writ of certiorari filed. (Response due March 8, 2018)