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John S. Barth v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-2238 · judgment December 11, 2017


Certiorari denied · April 30, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Can the Court of Federal Claims find that a taking of property occurred as the effect of decisions of other federal courts, without detailed review of their proceedings? (b) Did acts of the United States judiciary have the effect of taking private property of the Plaintiff without just compensation? Does the CFC have jurisdiction of claims against the United States involving tort, the denial of constitutional rights to property, equal protection and due process, and laws without explicit provision for money damages? (b) Does the CFC have jurisdiction over parties other than the United States, where such parties must be joined for determination of the equities?

Counsel of record

For petitioner
John S. Barth

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 30 2018
    Petition DENIED.
  2. Apr 11 2018
    DISTRIBUTED for Conference of 4/27/2018.
  3. Apr 06 2018
    Waiver of right of respondent United States to respond filed.
  4. Jan 30 2018
    Petition for a writ of certiorari filed. (Response due April 6, 2018)