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Consolidation Coal Company v. Director, Office of Workers’ Compensation Programs, Department of Labor, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-9539 · judgment December 20, 2017

Certiorari denied · October 1, 2018
Pre-decision estimate: 2% cert probability

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

Question presented

Does the Department of Labor’s inclusion of legal pneumoconiosis, which includes diseases of the general population like COPD, emphysema and chronic bronchitis, within the 15-year presumption found at 30 U.S.C. §921(c)(4) of the Black Lung Benefits Act violate due process rights stemming from the Fifth Amendment and the Administrative Procedure Act as well as the separation of powers enunciated Articles I, II and II of the U.S. Constitution?

Counsel of record

For petitioner
Cheryl Lynn Intravaia
Feirich/Mager/Green/Ryan

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 03 2018
    Motion of respondent Robert Thompson for attorney's fees and expenses GRANTED. The Court approves the parties’ agreed upon attorney’s fees of $14,732.50, and expenses of $1,152.63, to be paid by Consolidation Coal Co.
  2. Nov 13 2018
    DISTRIBUTED for Conference of 11/30/2018.
  3. Oct 25 2018
    Motion for attorney's fees and expenses filed by respondent Robert Thompson.
  4. Oct 01 2018
    Petition DENIED.
  5. Aug 08 2018
    DISTRIBUTED for Conference of 9/24/2018.
  6. Jul 31 2018
    Reply of petitioner Consolidation Coal Company filed.
  7. Jul 23 2018
    Brief of Federal Respondent in opposition filed.
  8. Jun 22 2018
    Motion to extend the time to file a response from June 22, 2018 to July 23, 2018, submitted to The Clerk.
  9. Jun 22 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including July 23, 2018, for all respondents.
  10. Jun 22 2018
    Brief of respondent Robert Thompson in opposition filed.
  11. May 17 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including June 22, 2018.
  12. May 09 2018
    Motion to extend the time to file a response from May 23, 2018 to June 22, 2018, submitted to The Clerk.
  13. Apr 18 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2018.
  14. Apr 17 2018
    Motion to extend the time to file a response from April 23, 2018 to May 23, 2018, submitted to The Clerk.
  15. Mar 20 2018
    Petition for a writ of certiorari filed. (Response due April 23, 2018)