Supreme Court of the United States · Official docket →
The Dutra Group, Inc., et al. v. Kelly Zaradnik, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-71411 · judgment January 20, 2023
Before the decision, about 3.1× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
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Whether appellate courts can restrict the limited jurisdiction of the Benefits Review Board under 33 U.S.C. § 921(b)(3), in accord with its implementing regulations (see 20 C.F.R. §§ 802.205, 802.207, 802. 208(b)), by imposing on parties notice of appeal requirements not otherwise required by statute or Board rules.
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Whether appellate courts can expand their own limited jurisdiction under 33 U.S.C. § 921(c) by allowing parties under the Longshore and Harbor Workers’ Compensation Act and its extensions (see 20 C.F.R. § 802.101(b)(1)-(6)) to bypass agency review of the Benefits Review Board (see 20 U.S.C. § 921(b)(3)) and proceed on direct appeal to the appellate court.
Counsel of record
For petitioner
Barry Walter Ponticello
England Ponticello & St.Clair
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 02 2023Petition DENIED.
- Aug 18 2023Reply of petitioners The Dutra Group, Inc., et al. filed. (Distributed)
- Jul 12 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 23 2023Brief of Federal Respondents in opposition filed.
- May 23 2023Motion to extend the time to file a response is granted and the time is extended to and including June 23, 2023.
- May 22 2023Motion to extend the time to file a response from May 24, 2023 to June 23, 2023, submitted to The Clerk.
- Apr 19 2023Petition for a writ of certiorari filed. (Response due May 24, 2023)