Supreme Court of the United States · Official docket →

Waterfront Marine Construction, Inc., et al. v. Heard Construction, Inc.

Paid petition · Supreme Court of Virginia, No. 180667 · judgment November 8, 2018

Certiorari denied · October 7, 2019

Pre-decision estimate: 1% cert probability

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

Questions presented

Where a disappointed bidder to a federal contract fails to file a bid protest pursuant to the Tucker Act, 28 U.S.C. § 1491 (2016), does a state trial court have subject matter jurisdiction to interpret federal regulations to determine a party’s entitlement to that same federal procurement contract under the pretext of a state tort action?
Where a disappointed bidder to a federal contract fails to file a bid protest pursuant to the Tucker Act, 28 U.S.C. § 1491 (2016), does a state trial court have subject matter jurisdiction to interpret federal regulations to determine a party’s entitlement to that same federal procurement contract under the pretext of a state tort action, without any testimony from the contracting officer responsible for the award of the contract?

For petitioner
Dirk Densford Haire
Fox Rothschild LLP

For respondent
Christopher Duffy Davis
Davis Law, PLC

Conference history
Distributed for 1 conference

Oct 07 2019
Petition DENIED.
Jun 19 2019
DISTRIBUTED for Conference of 10/1/2019.
Jun 14 2019
Reply of petitioners Waterfront Marine Construction, Inc., et al. filed.
Jun 05 2019
Brief of respondent Heard Construction, Inc. in opposition filed.
May 02 2019
Petition for a writ of certiorari filed. (Response due June 5, 2019)