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Jim C. Hodge, et al. v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-20720 · judgment August 8, 2019


Certiorari denied · June 22, 2020
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Question presented

Whether the causation element standard under the False Claims Act is proximate cause, requiring both that the harm was foreseeable and that the false statement or fraudulent conduct was a substantial factor in causing the harm, or is the standard “but for” causation based solely on foreseeability?

Counsel of record

For petitioner
David Alan Warrington
Dhillon Law Group, Inc.

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 22 2020
    Petition DENIED.
  2. Jun 08 2020
    Reply of petitioners Jim C. Hodge, et al. filed. (Distributed)
  3. Jun 02 2020
    DISTRIBUTED for Conference of 6/18/2020.
  4. May 14 2020
    Brief of respondent United States of America in opposition filed.
  5. May 11 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including May 14, 2020.
  6. May 08 2020
    Motion to extend the time to file a response from May 13, 2020 to May 14, 2020, submitted to The Clerk.
  7. Apr 01 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2020.
  8. Mar 31 2020
    Motion to extend the time to file a response from April 13, 2020 to May 13, 2020, submitted to The Clerk.
  9. Mar 09 2020
    Motion to extend the time to file a response is granted and the time is extended to and including April 13, 2020.
  10. Mar 06 2020
    Motion to extend the time to file a response from March 13, 2020 to April 13, 2020, submitted to The Clerk.
  11. Feb 10 2020
    Petition for a writ of certiorari filed. (Response due March 13, 2020)