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Andrea Lea, Arkansas State Auditor v. United States, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1509, 2018-1510 · judgment August 13, 2019


Certiorari denied · October 5, 2020
Pre-decision estimate: 6% cert probability (95% interval 3%–12%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a Federal Circuit decision below.

Questions presented

  1. Whether the federal statute, regulations, and contractual provisions governing the transfer and redemption of United States Savings Bonds preempt the State of Arkansas from obtaining ownership of matured but unredeemed bonds through a statute providing for the escheat of title to the State.

  2. Whether the federal statute, regulations, and contractual provisions governing the transfer and redemption of United States Savings Bonds require the United States Department of the Treasury to redeem matured savings bonds that are owned by a State pursuant to a valid judgment of escheatment but that the State cannot identify by serial number without Treasury’s assistance.

  3. Whether the interpretation of federal law adopted by the Federal Circuit below results in an uncompensated taking of property in violation of the Fifth Amendment’s Takings Clause.

Counsel of record

For petitioner
David H. Thompson
Cooper & Kirk, PLLC

For respondent
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Related
Vide, 19-1279

Linked docket
19A957

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Aug 05 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jul 31 2020
    Reply of petitioner Andrea Lea, Arkansas State Auditor filed.
  4. Jul 17 2020
    Brief of respondent United States in opposition filed. VIDED.
  5. Jul 09 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including July 17, 2020.
  6. Jul 07 2020
    Motion to extend the time to file a response from July 13, 2020 to July 17, 2020, submitted to The Clerk.
  7. Jun 11 2020
    Brief amici curiae of State of Indiana, et al. filed. VIDED.
  8. Jun 03 2020
    Motion to extend the time to file a response from June 12, 2020 to July 13, 2020, submitted to The Clerk.
  9. Jun 03 2020
    Motion to extend the time to file a response is granted and the time is extended to and including July 13, 2020.
  10. May 19 2020
    Blanket Consent filed by Respondent, Jake LaTurner, Treasurer of the State of Kansas
  11. May 08 2020
    Petition for a writ of certiorari filed. (Response due June 12, 2020)
  12. Mar 02 2020
    Application (19A957) granted by The Chief Justice extending the time to file until May 8, 2020.
  13. Feb 28 2020
    Application (19A957) to extend the time to file a petition for a writ of certiorari from March 10, 2020 to May 8, 2020, submitted to The Chief Justice.