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Michael Broaden v. Department of Transportation

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-2000 · judgment November 17, 2021


Certiorari denied · April 18, 2022
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

Whether federal agencies can l) formulate job position qualifications that violate federal laws that prohibit military status discrimination per the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. § 4311) and/or 2) refuse to credit equivalent and specialized work experience gained while serving in the U.S. Armed Forces with regard to position eligibility determination that violate USERRA, 38. U.S.C. § 4311.

Counsel of record

For petitioner
Michael Broaden

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
21M89

Proceedings

  1. Apr 18 2022
    Petition DENIED.
  2. Mar 29 2022
    DISTRIBUTED for Conference of 4/14/2022.
  3. Mar 24 2022
    Waiver of right of respondent Department of Transportation to respond filed.
  4. Mar 07 2022
    Motion (21M89) for leave to proceed as a veteran Granted.
  5. Feb 16 2022
    MOTION (21M89) DISTRIBUTED for Conference of 3/4/2022.
  6. Feb 01 2022
    Motion f(21M89) or leave to proceed as a veteran filed.
  7. Feb 01 2022
    Petition for a writ of certiorari filed. (Response due April 6, 2022)