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Richard Balter v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-6741 · judgment December 23, 2019

Certiorari denied · January 11, 2021
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

Does the Virginia Medical Malpractice Act’s requirement that a plaintiff possess a written opinion signed by an expert witness that, based upon a reasonable understanding of the facts, the defendant for whom service of process has been requested deviated from the applicable standard of care and the deviation was a proximate cause of the injuries claimed apply to a medical malpractice claim brought under the Federal Tort Claims Act?

Counsel of record

For petitioner
Richard Balter

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Nov 25 2020
    Brief of respondent United States in opposition filed.
  4. Oct 16 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2020.
  5. Oct 15 2020
    Motion to extend the time to file a response from October 26, 2020 to November 25, 2020, submitted to The Clerk.
  6. Aug 31 2020
    Motion to extend the time to file a response is granted and the time is extended to and including October 26, 2020.
  7. Aug 28 2020
    Motion to extend the time to file a response from September 24, 2020 to October 26, 2020, submitted to The Clerk.
  8. Aug 19 2020
    Petition for a writ of certiorari filed. (Response due September 24, 2020)