Supreme Court of the United States · Official docket →
William Henry Starrett v. Department of Defense, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-11628 · judgment April 3, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Where all court filing fees have been paid to initiate pursuit, what is the appropriate inquiry for determining when only a litigant's factual allegations justify a dismissal of all claims under Federal Rules of Civil Procedure 12(b)(6) and what is the proper standard of appellate review for such a dismissal? Whether a complaint can survive a motion to dismiss when its factual allegations and claims involve one or more technologies, or capabilities of combined technologies, that are either in development or unfamiliar to a court but instead regarded by a court as nonexistent in lieu of it requiring evidence. Whether, in an initiating complaint, are legally cognizable causes of action sufficient when conforming to Federal Rules of Civil Procedure Rule Eight (8) and supported by factual allegations apart from legal theory or such other further detail creating a reasonable expectation that discovery may surface additional evidence of wrongdoing. Did petitioner, as the plaintiff in the District Court, plead factual matter that, if taken as true, sufficiently alleges in support of federal causes of action or other remedies within the jurisdiction of federal courts?
Counsel of record
For petitioner
William Starrett
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2019Petition DENIED.
- Jul 17 2019DISTRIBUTED for Conference of 10/1/2019.
- Jul 02 2019Waiver of right of respondent Department of Defense to respond filed.
- Jun 14 2019Petition for a writ of certiorari filed. (Response due July 25, 2019)