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United States, ex rel. Michael Ray Perry v. Hooker Creek Asphalt & Paving, LLC, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-35524 · judgment April 8, 2019

Certiorari denied · November 25, 2019
Pre-decision estimate: 26% cert probability (95% interval 18%–37%)

Before the decision, about 6.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

In a qui tam action brought under the False Claims Act, 31 U.S.C. §3729 et seq., must the relator be an insider with personal knowledge of the contractor’s claim submissions to meet gateway Rule 9(b) particularity pleading requirements?

Counsel of record

For petitioner
Jeremy Loren Friedman
Law Office of Jeremy L. Friedman

For respondent
Michael W. Peterkin
Peterkin Burgess

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 25 2019
    Petition DENIED.
  2. Nov 06 2019
    DISTRIBUTED for Conference of 11/22/2019.
  3. Nov 04 2019
    Reply of petitioner Michael Ray Perry filed.
  4. Oct 18 2019
    Brief of respondents Hooker Creek Asphalt & Paving, LLC in opposition filed.
  5. Sep 18 2019
    Response Requested. (Due October 18, 2019)
  6. Sep 11 2019
    DISTRIBUTED for Conference of 10/1/2019.
  7. Aug 28 2019
    Waiver of right of respondents Knife River Corporation - Northwest; Hap Taylor & Sons, Inc.,; and Central Oregon Redi-Mix, LLC to respond filed.
  8. Aug 28 2019
    Waiver of right of respondent Hooker Creek Asphalt & Paving, LLC to respond filed.
  9. Aug 28 2019
    Waiver of right of respondents Oregon Mainline Paving, LLC and J.C. Compton Contractor, Inc. to respond filed.
  10. Aug 19 2019
    Petition for a writ of certiorari filed. (Response due September 20, 2019)