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William Beaumont Hospital v. United States, ex rel. David Felten

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-1002 · judgment March 31, 2021


Certiorari denied · January 24, 2022
Pre-decision estimate: 14% cert probability (95% interval 10%–21%)

Before the decision, about 3.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

31 U.S.C. § 3730(h)(1) protects an “employee” against retaliation for trying to stop a violation of the False Claims Act. The question presented is whether the term “employee” includes someone who is no longer an employee when the alleged retaliation takes place. (i)

Counsel of record

For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP

For respondent
Jason Scott Marcus
Bracker & Marcus LLC

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jan 24 2022
    Petition DENIED.
  2. Jan 05 2022
    DISTRIBUTED for Conference of 1/21/2022.
  3. Jan 04 2022
    Reply of petitioner William Beaumont Hospital filed. (Distributed)
  4. Dec 17 2021
    Brief of respondent United States of America, ex rel. David L. Felten, M.D., Ph.D. in opposition filed.
  5. Nov 09 2021
    Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2021.
  6. Nov 08 2021
    Motion to extend the time to file a response from November 17, 2021 to December 17, 2021, submitted to The Clerk.
  7. Oct 18 2021
    Response Requested. (Due November 17, 2021)
  8. Oct 14 2021
    Brief amici curiae of American Hospital Association, et al. filed. (Distributed)
  9. Oct 13 2021
    DISTRIBUTED for Conference of 10/29/2021.
  10. Oct 12 2021
    Waiver of right of respondent United States of America, ex rel. David L. Felten, M.D., Ph.D. to respond filed.
  11. Sep 20 2021
    Petition for a writ of certiorari filed. (Response due October 22, 2021)