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Cynthia Rollo-Carlson, as Trustee for Jeremiah Flackus-Carlson, Deceased v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-1815 · judgment August 19, 2020


Certiorari denied · May 17, 2021
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Under 28 U.S.C. §2675(a), is the requirement that an agency be presented with evidence of the claimant's authority to act during the administrative claims process jurisdictional in nature?

Counsel of record

For petitioner
Brian Keith Lewis
Francis White Law, PLLC

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 23 2021
    Rehearing DENIED.
  2. Jul 29 2021
    DISTRIBUTED.
  3. Jun 10 2021
    Petition for Rehearing filed.
  4. May 17 2021
    Petition DENIED.
  5. Apr 27 2021
    DISTRIBUTED for Conference of 5/13/2021.
  6. Apr 22 2021
    Waiver of right of respondent United States of America to respond filed.
  7. Mar 22 2021
    Petition for a writ of certiorari filed. (Response due April 29, 2021)