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Brad Stephen Francis, et ux. v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-2070 · judgment January 3, 2018


Certiorari denied · October 1, 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

This is a call for the Court to exercise its supervisory power over the lower courts: Did the Court of Appeals for the Eighth Circuit abdicate its duty in issuing a Per Curiam Affirmance, and denying a petition for rehearing en banc, by sanctioning violations of the Federal Rules of Civil Procedure and gross misrepresentation of the facts? Is the Eighth Circuit's denial of Petition for Rehearing En Bane in conflict Missouri's Supreme Court Operating Rule 22.01? Is the Eighth Circuit's Per Curiam Affirmance in violation of Federal Rule of Appellate Procedure 47(b) by sanctioning violation of the Federal Rules of Civil Procedure? Does the Eighth Circuit's Per Curiani Affirmance sanction departure from the Eighth Circuit's ruling in Osborn v. United States, 918 F. 2d 724, n.6 (8th Cir. 1990)? Does the Eighth Circuit's PCA summation circumvent the rights of due process during the Petition for Rehearing En Bane by grossly misrepresenting the nature of the action? Does the Eighth Circuit's PCA sanction gross misrepresentation of the findings?

Counsel of record

For petitioner
Brad S. Francis

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jun 13 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jun 01 2018
    Waiver of right of respondent United States to respond filed.
  4. May 14 2018
    Petition for a writ of certiorari filed. (Response due June 25, 2018)