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Rockwood Casualty Insurance Company v. Director, Office of Workers’ Compensation Programs, Department of Labor, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-9520 · judgment March 5, 2019

Certiorari denied · November 12, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a business petitioner, and a Tenth Circuit decision below, and down for a petition filed soon after the judgment below.

Question presented

Does requiring a wrongly-named Responsible Operator to issue benefits to a Claimant with normal pulmonary function and normal arterial blood gas testing under the Black Lung Benefits Act violate the Administrative Procedure Act when such result stems from amended agency regulations that (1) provide different time limits to submit evidence for opposing parties, (2) shift burdens of proof, and (3) create heightened rebuttal burdens that cannot be met, or is the Black Lung Benefits Act exempt from Administrative Procedure Act governance as claimed by the Secretary of Labor?

Counsel of record

For petitioner
Cheryl Lynn Intravaia
Feirich/Mager/Green/Ryan

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 30 2020
    Motion of respondent Tony Kourianos for attorney's fees and expenses GRANTED. The Court approves the attorney’s fees of $22,106.25, and expenses of $1,531.53.
  2. Mar 11 2020
    DISTRIBUTED for Conference of 3/27/2020.
  3. Feb 20 2020
    Motion for attorney's fees and expenses filed by counsel for respondent Tony Kourianos.
  4. Jan 06 2020
    Motion for Attorney's Fees of Tony Kourianos not accepted for filing. (February 07, 2020 - Corrected motion to be submitted)
  5. Nov 12 2019
    Petition DENIED.
  6. Oct 23 2019
    DISTRIBUTED for Conference of 11/8/2019.
  7. Oct 11 2019
    Reply of petitioner Rockwood Casualty Insurance Company, Insurer of Hidden Splendor Resources, Inc. filed.
  8. Oct 03 2019
    Brief of respondents Director, Office of Workers’ Compensation Programs, et al. in opposition filed.
  9. Oct 03 2019
    Brief of respondent Tony Kourianos in opposition filed.
  10. Aug 28 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including October 3, 2019, for all respondents.
  11. Aug 27 2019
    Motion to extend the time to file a response from September 3, 2019 to October 3, 2019, submitted to The Clerk.
  12. Aug 05 2019
    Request to join extension of time request received.
  13. Jul 25 2019
    Motion to extend the time to file a response is granted and the time is extended to and including September 3, 2019, for all respondents.
  14. Jul 24 2019
    Motion to extend the time to file a response from August 1, 2019 to September 3, 2019, submitted to The Clerk.
  15. Jun 28 2019
    Petition for a writ of certiorari filed. (Response due August 1, 2019)