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Weih Steve Chang v. Children's Advocacy Center of Delaware

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-2311 · judgment September 12, 2019

Certiorari denied · October 5, 2020

Pre-decision estimate: 0% cert probability

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

Questions presented

Which one of the two differing standards, the D.C. Circuit’s “Unfettered Discretion” standard or the Ninth and Tenth Circuits’ “Rational Basis Test” standard, is appropriate for evaluating dismissal pursuant to 31 U.S.C. 3730(c)(2)(A)?
Did the Third Circuit sidestep important constitutional questions regarding the abovereferenced circuit split by misconstruing Relator’s explicit demands on the record that the District Court adopt the Ninth and Tenth Circuits’ standard over the D.C. Circuit standard for evaluating dismissal pursuant to 31 U.S.C. 3730(c)(2)(A)?
Did the Third Circuit fail to recognize the record below that the District Court enabled legal malpractice of Relator’s attorneys by denying their first motion to withdraw as counsel to the extent that they failed to request a hearing pursuant to 31 U.S.C. 3730(c)(2)(A)?

For petitioner
Weih Steve Chang

For respondent
Kimberly A. Boyer-Cohen
Marshall Dennehey, P.C.

Conference history
Distributed for 1 conference

Oct 05 2020
Petition DENIED.
Jun 24 2020
DISTRIBUTED for Conference of 9/29/2020.
Jun 08 2020
Waiver of right of respondent Children's Advocacy Center of Delaware to respond filed.
Mar 16 2020
Petition for a writ of certiorari filed. (Response due June 22, 2020)