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Benoit Brookens v. Patrick Pizzella, Acting Secretary of Labor

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-5129 · judgment September 19, 2018

Certiorari denied · November 25, 2019

Pre-decision estimate: 0% cert probability

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

Question presented

(A) Whether the Federal Circuit has jurisdiction over non-discrimination issues in a mixed appeal filed within 60 days of the decision by the Merit Systems Protection Board pursuant to 5 U.S.C. 7703(b)(1)(A). (B) Whether the D.C. Circuit erred in summarily affirming that the transferee U.S. District Court under 28 U.S.C. 1631, from the Federal Circuit, “in the interest of just” lacked jurisdiction?

Counsel of record

For petitioner
Benoit Brookens III

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

Nov 25 2019
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
Nov 06 2019
DISTRIBUTED for Conference of 11/22/2019.
Oct 28 2019
Waiver of right of respondent Pizzella, Sec. Dept. of Labor to respond filed.
May 20 2019
Petition for a writ of certiorari filed. (Response due October 28, 2019)