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Airbus Helicopters, Inc. v. Mary Riggs, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16396 · judgment September 20, 2019


Certiorari denied · June 29, 2020
Pre-decision estimate: 26% cert probability (95% interval 20%–32%)

Before the decision, about 6.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether a private party is “acting under” a federal officer and may remove under 28 U.S.C. § 1442(a)(1), where it is carrying out duties formally and expressly delegated by the Federal Aviation Administration. (i)

Counsel of record

For petitioner
Carter G. Phillips
Sidley Austin LLP

For respondent
William James Katt
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
19A883

Proceedings

  1. Jun 29 2020
    Petition DENIED.
  2. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  3. Jun 08 2020
    Reply of petitioner Airbus Helicopters, Inc. filed. (Distributed)
  4. May 22 2020
    Brief of respondents Matthew Hecker, Daniel Friedman, Brenda Halvorson, et al. in opposition filed.
  5. May 21 2020
    Brief of respondents Mary Riggs, et al. in opposition filed.
  6. Apr 22 2020
    Brief amicus curiae of The General Aviation Manufacturers Association filed.
  7. Apr 06 2020
    Motion of Matthew Hecker, et al. to extend the time to file a response is granted and the time is extended to and including May 22, 2020, for all respondents.
  8. Apr 03 2020
    Motion of respondents Matthew Hecker, et al. to extend the time to file a response from April 22, 2020 to May 22, 2020, submitted to The Clerk.
  9. Apr 01 2020
    Motion to extend the time to file a response is granted and the time is extended to and including May 22, 2020, for all respondents.
  10. Mar 30 2020
    Motion to extend the time to file a response from April 22, 2020 to May 22, 2020, submitted to The Clerk.
  11. Mar 20 2020
    Petition for a writ of certiorari filed. (Response due April 22, 2020)
  12. Feb 07 2020
    Application (19A883) granted by Justice Kagan extending the time to file until March 20, 2020.
  13. Feb 06 2020
    Application (19A883) to extend the time to file a petition for a writ of certiorari from February 19, 2020 to March 20, 2020, submitted to Justice Kagan.