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Erik Leckner v. General Dynamics Information Technology, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-70284 · judgment October 18, 2021


Certiorari denied · June 27, 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.

Questions presented

  1. Whether the court of appeals failed to recog­ nize that SOX whistleblower protections does extend to cybersecurity risks and breaches, especially those which were used by Russia to cyberattack Ukraine before the invasion.

  2. Whether the court of appeals improperly denied Leckner’s request to admit the same evidence that Leckner was submitted before the record closed but the Department of Labor failed to put it on record.

  3. Whether the court of appeals improperly denied Leckner’s motion to supplement the record with new and material evidence that had become available which could not have been discovered with reasonable diligence before the record closed.

  4. Whether the court of appeals failed to recog­ nize that good faith attempts to file documents must constitute filing.

  5. Whether it was the Secretary of Labor’s duty to ensure that Leckner’s evidence was put on record.

  6. Whether the date of the first complaints must be used if the complaints were filed within the whistle­ blower provision’s filing period.

  7. Whether equitable tolling doctrine applies where Petitioner is allowed whatever time remains under the applicable statute.

  8. Whether Secretary of Labor (SOL) Scalia failed to recuse himself because he was General Dynamics’ counsel when he was at Gibson, Dunn & Crutcher LLP, prior to becoming the SOL.

Counsel of record

For petitioner
Erik Leckner

For respondent
Matthew S. Hellman
Jenner & Block LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 22 2022
    Rehearing DENIED.
  2. Jul 28 2022
    DISTRIBUTED.
  3. Jul 22 2022
  4. Jun 27 2022
    Petition DENIED.
  5. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  6. May 25 2022
    Waiver of right of respondent Dept. of Labor to respond filed.
  7. May 06 2022
    Waiver of right of respondent General Dynamics Information Technology to respond filed.
  8. May 02 2022
    Waiver of right of respondent Apex System, LLC to respond filed.
  9. Apr 23 2022
    Petition for a writ of certiorari filed. (Response due May 27, 2022)