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George Duggan v. Department of Defense

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-73640 · judgment February 26, 2018

Certiorari denied · October 9, 2018
Pre-decision estimate: 1% cert probability

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

Question presented

Whether after a prima facie retaliation for whistleblowing has been found under the Whistleblower Protection Enhancement Act of 2012 does the Agency’s burden under the clear and convincing evidence standard in its affirmative defense have to consider the petitioner’s rebuttals before substantive evidence can find the agency’s personnel actions against the petitioner happened in the absence of his protected disclosures.

Counsel of record

For petitioner
Mark Walter Hostetter
Law Office of Mark W. Hostetter

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 19 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Sep 17 2018
    Waiver of right of respondent Department of Defense to respond filed.
  4. Aug 14 2018
    Petition for a writ of certiorari filed. (Response due September 17, 2018)