Supreme Court Report

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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: 3% 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

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, February 22, 2021 · Certiorari denied

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)