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Western Radio Services Company, Inc. v. John Allen, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-35105 · judgment March 23, 2018

Certiorari denied · October 29, 2018
Pre-decision estimate: 2% cert probability

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

Question presented

Where a company alleges that, after it began filing legal challenges against Forest Service decisions, the agency singled it out for delay and inaction on its permitting requests, and refused to enforce site plan provisions against the company's competitor, does the Administrative Procedures Act preclude a Bivens claim for First Amendment Retaliation and "Class of One" Equal Protection?

Counsel of record

For petitioner
Marianne Guenevere Dugan

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 29 2018
    Petition DENIED.
  2. Oct 10 2018
    DISTRIBUTED for Conference of 10/26/2018.
  3. Sep 17 2018
    Waiver of right of respondents UNITED STATES to respond filed.
  4. Aug 20 2018
    Petition for a writ of certiorari filed. (Response due September 24, 2018)