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Theresa Jones, et al. v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-55234 · judgment August 9, 2018


Certiorari denied · May 20, 2019
Pre-decision estimate: 3% cert probability

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

Question presented

  1. Should the Feres doctrine be revisited and limited to the legislative purpose underlining the Federal Tort Claims Act, such that a negligence action for the death of U.S. military servicemembers can be brought against the United States in certain instances?

Counsel of record

For petitioner
Brian Joseph Lawler
Pilot Law, P.C.

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 20 2019
    Petition DENIED. Justice Thomas, dissenting from the denial of certiorari: I dissent for the reasons set out in Daniel v. United States, 587 U. S. ___ (2019) (Thomas, J., dissenting from denial of certiorari).
  2. May 13 2019
    DISTRIBUTED for Conference of 5/16/2019.
  3. May 08 2019
    Rescheduled.
  4. Apr 17 2019
    DISTRIBUTED for Conference of 5/9/2019.
  5. Apr 01 2019
    Brief of respondent United States of America in opposition filed.
  6. Feb 25 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2019.
  7. Feb 22 2019
    Motion to extend the time to file a response from February 28, 2019 to April 1, 2019, submitted to The Clerk.
  8. Jan 09 2019
    Petition for a writ of certiorari filed. (Response due February 28, 2019)