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Henry McInnis v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-40869 · judgment March 24, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 7% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Question presented

Did the lower court err in finding pervasive fraud as to “false” hospice certifications—following the Third Circuit as opposed to the Eleventh Circuit— thereby expanding regulatory liability contrary to the Social Security Act and First Amendment?

Counsel of record

For petitioner
Cooke Wilson Kelsey
Parker & Sanchez PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 06 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 01 2022
    Waiver of right of respondent United States to respond filed.
  4. Jun 22 2022
    Petition for a writ of certiorari filed. (Response due July 25, 2022)