Supreme Court Report

Supreme Court of the United States · Official docket →

Hyundai Heavy Industries Co., Ltd. v. United States, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1005 · judgment September 8, 2020

Certiorari denied · June 21, 2021
Pre-decision estimate: 7% cert probability (95% interval 4%–10%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.

Question presented

Whether the Federal Circuit erred by affirming, in conflict with the D.C. Circuit, the practice that an administrative agency may penalize the subject of an agency determination for failure to conform with a methodology, after the agency has altered that methodology and applied it retroactively in making its determination.

Counsel of record

For petitioner
Lucius B. Lau
White & Case LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 21 2021
    Petition DENIED.
  2. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  3. May 26 2021
    Reply of petitioner Hyundai Heavy Industries Co., Ltd. filed.
  4. May 12 2021
    Brief of respondent United States in opposition filed.
  5. Mar 25 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including May 12, 2021.
  6. Mar 24 2021
    Motion to extend the time to file a response from April 12, 2021 to May 12, 2021, submitted to The Clerk.
  7. Feb 26 2021
    Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2021.
  8. Feb 25 2021
    Motion to extend the time to file a response from March 12, 2021 to April 12, 2021, submitted to The Clerk.
  9. Feb 05 2021
    Petition for a writ of certiorari filed. (Response due March 12, 2021)