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In Re Libby A. Demery

Paid petition


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

  1. Whether the Supervisory Power of this Court in­ voked recall of the mandate of Federal Circuit to vacate an unreviewed, Merits Systems Protection Board (MSPB), Administrative Judge (AJ) deci­ sion containing procedural errors, failure to apply the law to facts of case and unsupported by sub­ stantial evidence, effecting the Petitioner’s rights, under the Whistleblower Protection Act (WPA). 5 C.F.R. Section 1201.111(b).

  2. Whether the MSPB AJ illegally rejected the WPA appeal because it was supported by a preponder­ ance of direct evidence proving the impermissible retaliatory motive played a motivating part in ad­ verse personnel action. McDonnell Douglas frame­ work not applicable.

  3. Whether the MSPB and Federal Circuit erroneous focus on prima facie case caused a failure to decide the ultimate factual issue of whether the agency intentionally retaliated against the appellant.

Counsel of record

For petitioner
Libby A. Demery

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 15 2020
    Waiver of right of respondent United States to respond filed.
  4. Nov 25 2020
    Petition for a writ of mandamus filed. (Response due January 4, 2021)