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Betzaida P. Jernigan v. Robert Wilkie, Secretary of Veterans Affairs

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-2235 · judgment April 10, 2020

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

Willful submission of false information and omission of relevant material evidence by accredited service officer(s) and advice by counsel to claimant to accept a government presumption or face counsel’s withdrawal (standing contrary to Petitioner’s claims) prejudiced adversely unbeknownst to Petitioner (her) claim(s) and appeal(s). l

  1. Is this a serious enough violation that merits judicial attention to remand in the “interest of justice”?

  2. Can justice defer judicial authority to an agency (that knowingly) relies on false and adverse material evidence contrary to Petitioner’s claim(s) to determine an outcome of a claim(s) and or appeal(s)?

Counsel of record

For petitioner
Betzaida P. Jernigan

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 23 2020
    Rehearing DENIED.
  2. Nov 04 2020
    DISTRIBUTED for Conference of 11/20/2020.
  3. Oct 20 2020
    Petition for Rehearing filed.
  4. Oct 05 2020
    Petition DENIED.
  5. Jul 08 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. Jun 29 2020
    Waiver of right of respondent Wilkie, Robert to respond filed.
  7. May 11 2020
    Petition for a writ of certiorari filed. (Response due July 10, 2020)