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Manfredo M. Salinas v. United States Railroad Retirement Board

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-60702 · judgment April 17, 2019


Decided · February 3, 2021
Pre-decision estimate: 3% cert probability

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

Question presented

Whether, under section 5(f) of the Railroad Unemployment Insurance Act, 45 U.S.C. § 355(f), and section 8 of the Railroad Retirement Act, 45 U.S.C. § 231g, the Railroad Retirement Board's denial of a request to reopen a prior benefits determination is a "final decision" subject to judicial review.

Counsel of record

For petitioner
Sarah Michelle Harris
Williams & Connolly LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Argument & decision

Argued November 2, 2020 — Sarah M. Harris · Austin Raynor. Audio and transcript

Decided February 3, 2021. Opinion by Sotomayor.

Proceedings

  1. Mar 08 2021
    JUDGMENT ISSUED.
  2. Feb 03 2021
    Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., Breyer, Kagan, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, Gorsuch, and Barrett, JJ., joined.
  3. Nov 02 2020
    Argued. For petitioner: Sarah M. Harris, Washington, D. C. For respondent: Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  4. Sep 11 2020
    Record received from the United States of America Railroad Retirement Board. The record is electronically filed.
  5. Sep 02 2020
    CIRCULATED
  6. Sep 01 2020
    The record from the U.S.C.A. is electronic and located on Pacer.
  7. Aug 31 2020
    Record requested from the U.S.C.A. 5th Circuit.
  8. Aug 19 2020
    SET FOR ARGUMENT on Monday, November 2, 2020.
  9. Jul 08 2020
    Reply of petitioner Manfredo Salinas filed.
  10. Jun 08 2020
    Brief of respondent United States Railroad Retirement Board filed.
  11. Mar 31 2020
    Brief of petitioner Manfredo Salinas filed.
  12. Feb 24 2020
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  13. Feb 19 2020
    Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including April 1, 2020. The time to file respondent's brief on the merits is extended to and including June 8, 2020.
  14. Feb 12 2020
    Joint motion for an extension of time to file the briefs on the merits filed.
  15. Feb 12 2020
    Motion to dispense with printing the joint appendix filed by petitioner Manfredo Salinas.
  16. Jan 10 2020
    Petition GRANTED.
  17. Dec 18 2019
    DISTRIBUTED for Conference of 1/10/2020.
  18. Dec 16 2019
    Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
  19. Dec 09 2019
    Brief of respondent United States Railroad Retirement Board in opposition filed.
  20. Nov 12 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2019.
  21. Nov 08 2019
    Motion to extend the time to file a response from November 15, 2019 to December 9, 2019, submitted to The Clerk.
  22. Oct 03 2019
    Motion to extend the time to file a response from October 16, 2019 to November 15, 2019, submitted to The Clerk.
  23. Oct 03 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including November 15, 2019.
  24. Sep 11 2019
    Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2019.
  25. Sep 10 2019
    Motion to extend the time to file a response from September 16, 2019 to October 16, 2019, submitted to The Clerk.
  26. Aug 15 2019
    Petition for a writ of certiorari filed. (Response due September 16, 2019)
  27. May 20 2019
    Application (18A1192) granted by Justice Alito extending the time to file until August 15, 2019.
  28. May 17 2019
    Application (18A1192) to extend the time to file a petition for a writ of certiorari from July 16, 2019 to September 14, 2019, submitted to Justice Alito.