Supreme Court Report

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Daikin Industries, Ltd., et al. v. The Chemours Company FC, LLC

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1289, 2020-1290 · judgment July 22, 2021

Certiorari denied · March 28, 2022
At-filing estimate: 2% cert probability

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

Question presented

May a federal appellate court, consistent with the Administrative Procedure Act and the principles of separation of powers embedded within that Act, reverse an administrative agency’s decision on a factual ground not addressed by the agency, without a remand to that agency?

Counsel of record

For petitioner
Gregory Andrew Castanias
Jones Day

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

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

Conference history
Distributed for 1 conference

Order
Order list, March 28, 2022 · Certiorari denied

Proceedings

  1. Mar 28 2022
    Petition DENIED.
  2. Mar 09 2022
    DISTRIBUTED for Conference of 3/25/2022.
  3. Mar 03 2022
    Waiver of right of respondent The Chemours Company, FC, LLC to respond filed.
    Main Document
  4. Mar 02 2022
    Waiver of right of respondent United States to respond filed.
    Main Document
  5. Feb 14 2022
    Petition for a writ of certiorari filed. (Response due March 18, 2022)
    PetitionAppendixCertificate of Word CountProof of Service