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Mary Swartzlander v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1836 · judgment April 23, 2020

Certiorari denied · February 22, 2021
Pre-decision estimate: 1% cert probability

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

Question presented

When does a taking claim accrue against the government based on erosion caused by government action, where the erosion for many years was present only on a small fraction of the land, and then expands exponentially after a major flooding event?

Counsel of record

For petitioner
Marianne Guenevere Dugan

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 20 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 13 2021
    Waiver of right of respondent United States to respond filed.
  4. Dec 07 2020
    Petition for a writ of certiorari filed. (Response due January 13, 2021)