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Gregory Greer v. General Dynamics Information Technology, Inc.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1235 · judgment April 13, 2020


Certiorari denied · October 5, 2020
Pre-decision estimate: 2% cert probability

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

Question presented

I. Is the language of 48 CFR 7.503(d)(13), which is inconsistent with relevant Defense Federal Acquisition Regulations Supplement provisions (DFARS) concerning contractor-employee supervision by governmental employees, vague and untenable juxtaposed with those on point DFARS? II. Is an inherently governmental function of super v ising a United States Depar tment of Defense (DOD) employee by a superior government functionary distinct from the not inherently governmental function of supervising a DOD contractor-employee by such government functionary? III. As Executive Order 12829 (National Industrial Security Program) [NISP] has been codified in the Federal Register and has the force of law, is a private right of action against the contractor- employer for concealment and misrepresentation of the correct security clearance level maintainable? IV. Does the lack of debr ief ing when a DOD contractor-employee is terminated from his or her position violate NISP and create a private right of action to vindicate injuries from such omission?

Counsel of record

For petitioner
Ralph Stephen Greer
Ralph S. Greer. Esq.

For respondent
Christopher E. Humber
Ogletree Deakins

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Sep 09 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Aug 19 2020
    Waiver of right of respondent General Dynamics Info. Tech., Inc. to respond filed.
  4. Jul 30 2020
    Petition for a writ of certiorari filed. (Response due September 3, 2020)