Supreme Court of the United States · Official docket →
Midwest Air Traffic Control Service, Inc. v. Jessica T. Badilla, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-608 · judgment August 9, 2021
Certiorari denied · May 22, 2023
Pre-decision estimate: 14% cert probability (95% interval 10%–20%)
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.
Question presented
Whether state-law tort claims that arise out of the uniquely federal sphere of the military’s combat operations are preempted by the interests embodied in the Federal Tort Claims Act’s combatant-activities exception, 28 U.S.C. 2680(j). (I)
Counsel of record
For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
For respondent
Stephen I. Vladeck
Proceedings
- May 22 2023Motion for leave to file amicus brief filed by the Chamber of Commerce of the United States of America GRANTED.
- May 22 2023Motion for leave to file amicus brief filed by Professional Services Council GRANTED.
- May 22 2023Petition DENIED.
- May 02 2023DISTRIBUTED for Conference of 5/18/2023.
- May 02 2023Supplemental brief of petitioner Midwest Air Traffic Control Service, Inc. filed. (Distributed)
- Apr 17 2023Brief amicus curiae of United States filed.
- May 02 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Apr 13 2022DISTRIBUTED for Conference of 4/29/2022.
- Apr 13 2022Reply of petitioner Midwest Air Traffic Control Service, Inc. filed. (Distributed)
- Mar 24 2022Brief of respondents Jessica T. Badilla, et al. in opposition filed.
- Feb 01 2022Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2022.
- Jan 31 2022Motion to extend the time to file a response from February 23, 2022 to March 25, 2022, submitted to The Clerk.
- Jan 24 2022Response Requested. (Due February 23, 2022)
- Jan 19 2022DISTRIBUTED for Conference of 2/18/2022.
- Jan 10 2022Motion for leave to file amici brief filed by Professional Services Council.
- Jan 10 2022Motion for leave to file amicus brief filed by The Chamber of Commerce of the United States of America.
- Jan 07 2022Waiver of right of respondent Jessica T. Badilla, et al. to respond filed.
- Jan 03 2022Blanket Consent filed by Petitioner, Midwest Air Traffic Control Service, Inc.
- Dec 08 2021Petition for a writ of certiorari filed. (Response due January 10, 2022)
- Oct 22 2021Application (21A95) granted by Justice Sotomayor extending the time to file until December 8, 2021.
- Oct 19 2021Application (21A95) to extend the time to file a petition for a writ of certiorari from November 7, 2021 to December 8, 2021, submitted to Justice Sotomayor.