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United States, ex rel. Muge Cody v. ManTech International Corporation

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1722, 17-1757 · judgment August 8, 2018


Certiorari denied · March 4, 2019
Pre-decision estimate: 19% cert probability (95% interval 12%–29%)

Before the decision, about 4.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

In Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133 (2000), the Court articulated standards for reviewing an appellate court’s reversal of a jury verdict under Federal Rule of Civil Procedure 50(b). The Court emphasized that in reviewing a motion for judgment as a matter of law “the court should review all the evidence … and the court must draw all favorable inferences in favor of the non-moving party, and it may not make credibility determinations or weigh the evidence.” The question presented is whether the appellate court erred in not applying the Reeves standards in a case brought under the False Claims Act and the Defense Contractor Whistleblower Protection Act and erred in reversing the jury verdict in favor of Muge Cody and subsequently reversing the trial court’s denial of the employer’s Rule 50 motion for a judgment as a matter of law.

Counsel of record

For petitioner
Michael L. Foreman
Penn State Law - Civil Rights Appellate Clinic

For respondent
Steven Douglas Gordon
Holland & Knight

Case

Conference history
Distributed for 1 conference

Linked docket
18A548

Proceedings

  1. Mar 04 2019
    Petition DENIED.
  2. Feb 13 2019
    DISTRIBUTED for Conference of 3/1/2019.
  3. Feb 07 2019
    Waiver of right of respondent Mantech International Corporation to respond filed.
  4. Feb 01 2019
    Petition for a writ of certiorari filed. (Response due March 6, 2019)
  5. Nov 27 2018
    Application (18A548) granted by The Chief Justice extending the time to file until February 2, 2019.
  6. Nov 20 2018
    Application (18A548) to extend the time to file a petition for a writ of certiorari from December 4, 2018 to February 2, 2019, submitted to The Chief Justice.