Supreme Court of the United States · Official docket →

Illya Erwin v. Department of the Army

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1137 · judgment January 16, 2018

Certiorari denied · October 1, 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.

Questions presented

Whether, in defense of a whistleblower claim of wrongful termination by a probationary employee, pursuant to 5 U.S.C. § 1221, the agency may claim that it would have taken the same personnel action in the absence of such disclosure based upon grounds which were not stated in the notice of termination given pursuant to 5 C.F.R. § 315.804(a)?
Whether, in defense of a whistleblower claim of wrongful termination by a probationary employee, pursuant to 5 U.S.C. § 1221, the agency may claim that it would have taken the same personnel action in the absence of such disclosure based upon grounds which were specifically rejected by the agency in the first instance?

For petitioner
Walter R. Schoettle
Walter R. Schoettle, a law corp.

For respondent
Noel John Francisco
Jones Day

Conference history
Distributed for 2 conferences

Dec 10 2018
Rehearing DENIED.
Nov 20 2018
DISTRIBUTED for Conference of 12/7/2018.
Oct 25 2018
Petition for Rehearing filed.
Oct 01 2018
Petition DENIED.
Aug 08 2018
DISTRIBUTED for Conference of 9/24/2018.
Jul 30 2018
Waiver of right of respondent Department of the Army to respond filed.
Jul 02 2018
Petition for a writ of certiorari filed. (Response due August 6, 2018)