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United States, ex rel. Leatra Harper, et al. v. Muskingum Watershed Conservancy District

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-4098 · judgment June 26, 2018

Certiorari denied · January 7, 2019

Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Sixth Circuit decision below, and a petition filed soon after the judgment below.

Question presented

Whether stating a claim of knowing avoidance of an obligation or conversion under the FCA, 31 U.S.C. § 3729(a)(1)(G) and (D), requires alleging that defendant had subjective knowledge that it was violating an obligation.

Counsel of record

For petitioner
Warner DeWitt Mendenhall
The Law Offices of Warner Mendenhall, Inc.

For respondent
Jennifer Dowdell Armstrong
McDonald Hopkins, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

Jan 07 2019
Petition DENIED.
Dec 19 2018
DISTRIBUTED for Conference of 1/4/2019.
Nov 30 2018
Brief of respondent Muskingum Watershed Conservancy District in opposition filed.
Oct 25 2018
Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.
Oct 23 2018
Motion to extend the time to file a response from November 2, 2018 to December 3, 2018, submitted to The Clerk.
Sep 21 2018
Petition for a writ of certiorari filed. (Response due November 2, 2018)