Supreme Court Report

Supreme Court of the United States · Official docket →

Randall L. Spade v. Department of Justice

Paid petition · United States Court of Appeals for the Third Circuit, No. 21-1865 · judgment February 14, 2022


Certiorari denied · October 31, 2022
Pre-decision estimate: 11% cert probability (95% interval 7%–17%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third Circuit decision below, and a circuit split argued in the petition.

Question presented

The Federal Employees’ Compensation Act (“FECA”), 5 U.S.C. § 8101 et seq., establishes a system of compensation for federal employees who sustain work-related injuries. Where FECA applies, it provides the federal government’s “exclusive” liability with regard to an employee’s injury, id. § 8116(c), and the Secretary of Labor’s decision “in allowing or denying a payment” under FECA is “not subject to review * * * by a court,” id. § 8128(b)(2). The question presented is: Whether federal courts have subject-matter jurisdiction to address what injuries fall within the scope of FECA’s statutory scheme. (I)

Counsel of record

For petitioner
Jeremy Charles Marwell
Vinson & Elkins LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
21A675

Proceedings

  1. Oct 31 2022
    Petition DENIED.
  2. Oct 05 2022
    DISTRIBUTED for Conference of 10/28/2022.
  3. Oct 03 2022
    Reply of petitioner Randall L. Spade filed.
  4. Sep 16 2022
    Brief of respondent United States Department of Justice in opposition filed.
  5. Aug 18 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including September 16, 2022.
  6. Aug 17 2022
    Motion to extend the time to file a response from August 17, 2022 to September 16, 2022, submitted to The Clerk.
  7. Jul 18 2022
    Motion to extend the time to file a response is granted and the time is extended to and including August 17, 2022.
  8. Jul 15 2022
    Motion to extend the time to file a response from July 18, 2022 to August 17, 2022, submitted to The Clerk.
  9. Jun 14 2022
    Petition for a writ of certiorari filed. (Response due July 18, 2022)
  10. May 05 2022
    Application (21A675) granted by Justice Alito extending the time to file until June 14, 2022.
  11. Apr 29 2022
    Application (21A675) to extend the time to file a petition for a writ of certiorari from May 15, 2022 to June 14, 2022, submitted to Justice Alito.