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Maria Jordan v. Director, Office of Workers' Compensation Programs, Department of Labor, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-60424 · judgment July 6, 2017

Certiorari denied · April 23, 2018
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether the U.S. Constitution and the relevant statutes required the court of appeals to review the order by the U.S. Department of Labor’s Benefits Review Board dismissing Claimant’s appeal after Claimant’s unrefuted analysis established that the Board’s dismissal and the underlying Administrative Law Judge decision showed essentially complete and willful disregard for the directly-governing statute and regulations, the Administrative Procedure Act, and the Constitution.

  2. Whether the U.S. Constitution and the relevant statutes permitted the court of appeals to dismiss Claimant’s appeal by summarily asserting that the court lacked jurisdiction, i.e., without expressly taking any of the actions required by 5 U.S.C. 706 after Claimant’s unrefuted analysis established that the Board’s dismissal of Claimant’s appeal and the underlying Administrative Law Judge decision showed essentially complete and willful disregard for the directly-governing statute and regulations, the Administrative Procedure Act, and the Constitution.

Counsel of record

For petitioner
Jack Revels Tucker Jordan
Jack Jordan

For respondent
Ethan Daniel Balsam
Littler Mendelson, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 23 2018
    Petition DENIED.
  2. Apr 04 2018
    DISTRIBUTED for Conference of 4/20/2018.
  3. Mar 29 2018
    Supplemental brief of petitioner Maria Jordan filed.
  4. Mar 28 2018
    Reply of petitioner Maria Jordan filed.
  5. Mar 19 2018
    Brief of Federal Respondent in opposition filed.
  6. Feb 15 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2018.
  7. Feb 14 2018
    Motion to extend the time to file a response from February 15, 2018 to March 19, 2018, submitted to The Clerk.
  8. Jan 17 2018
    Waiver of right of respondents Representing Continential Casualty Company and Dyn Corp. International, LLC to respond filed.
  9. Jan 10 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 15, 2018.
  10. Jan 09 2018
    Motion to extend the time to file a response from January 16, 2018 to February 15, 2018, submitted to The Clerk.
  11. Jan 09 2018
    Waiver of right of respondent Dyncorp International, LLC to respond filed.
  12. Dec 12 2017
    Petition for a writ of certiorari filed. (Response due January 16, 2018)