Supreme Court of the United States · Official docket →
Carol V. Clendening, as Personal Representative of the Estate of Gary J. Clendening v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1878 · judgment November 30, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a Fourth Circuit decision below.
Question presented
The questions presented are:
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Does Feres v. United States, 340 U.S. 135 (1950) apply to an unwitting Judge Advocate General Officer’s toxic exposure not related to his service.
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Whether the Federal Tort Claims Act’s discretionary function exception 28 U.S.C 2680(a) applies to the military’s failure to notify and warn Camp Lejeune residents of their exposure to toxins pursuant to standing law.
Counsel of record
For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Argument & decision
Decided November 7, 2022.
Proceedings
- Nov 07 2022Petition DENIED. Justice Thomas, dissenting from denial of certiorari. (Detached Opinion)
- Oct 31 2022DISTRIBUTED for Conference of 11/4/2022.
- Oct 24 2022DISTRIBUTED for Conference of 10/28/2022.
- Oct 24 2022Rescheduled.
- Oct 12 2022Rescheduled.
- Oct 11 2022DISTRIBUTED for Conference of 10/14/2022.
- Oct 05 2022Rescheduled.
- Sep 21 2022DISTRIBUTED for Conference of 10/7/2022.
- Sep 19 2022Reply of petitioner Carol V. Clendening filed.
- Sep 07 2022Brief of respondent United States in opposition filed.
- Aug 05 2022Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2022.
- Aug 04 2022Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
- Jun 29 2022Motion to extend the time to file a response is granted and the time is extended to and including August 8, 2022.
- Jun 27 2022Motion to extend the time to file a response from July 8, 2022 to August 8, 2022, submitted to The Clerk.
- Jun 08 2022Response Requested. (Due July 8, 2022)
- May 31 2022DISTRIBUTED for Conference of 6/16/2022.
- May 24 2022Waiver of right of respondent United States to respond filed.
- Apr 29 2022Petition for a writ of certiorari filed. (Response due June 2, 2022)
- Feb 23 2022Application (21A446) granted by The Chief Justice extending the time to file until April 29, 2022.
- Feb 18 2022Application (21A446) to extend the time to file a petition for a writ of certiorari from February 28, 2022 to April 29, 2022, submitted to The Chief Justice.