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Pyrotechnic Specialties, Inc. v. Lloyd J. Austin, III, Secretary of Defense

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-2024 · judgment February 4, 2021


Certiorari denied · October 12, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Is a litigant entitled to have the correct standard of law applied by the Armed Services Board of Contract Appeals or does a “right for any reason” doctrine apply?

  2. Is a litigant entitled to have the scope of fact and law determined prior to an evidentiary hearing; or may a tribunal hold an evidentiary hearing, exclude evidence, thereby deterring the proffer of additional evidence on an issue, only to later determine the evidence was admissible while simultaneously refusing additional proffers of evidence on the issue in question?

  3. Is it appropriate for the United States Court of Appeals for the Federal Circuit to affirm a ruling without an opinion pursuant to Fed. Cir. R. 36, when both the United States Court of Appeals for the Federal Circuit and the Government acknowledge that the wrong standard of review was applied by the Armed Services Board of Contract Appeals?

Counsel of record

For petitioner
Michael Devlin Cooper
Cooper, Barton, & Cooper, LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 15 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Sep 13 2021
    Waiver of right of respondent Austin, Sec. of Defense to respond filed.
  4. Aug 18 2021
    Petition for a writ of certiorari filed. (Response due September 20, 2021)