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Cody Adams, et al. v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-1662 · judgment February 14, 2023

Certiorari denied · October 10, 2023
Pre-decision estimate: 7% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.

Question presented

The Hazardous Duty Pay statute provides that a federal employee is entitled to a pay differential “for any period in which he is subjected to physical hardship or hazard not usually involved in carrying out the duties of his position.” 5 U.S.C. § 5545(d). Implementing regulations provide an “agency shall pay” hazardous duty pay differentials to employees who are assigned to perform specific enumerated duties, 5 C.F.R. § 550.904, including “working with or in close proximity to” virulent biologicals, 5 C.F.R. Pt. 550, Subpt. I, App. A. The question presented is: Under the regulation requiring hazardous duty pay for federal employees who work “with or in close proximity to” virulent biologicals, are federal employees who work in close proximity to individuals infected with virulent biologicals entitled to hazardous duty pay when such exposure is not usually involved in carrying out the performance of their regularly assigned duties? (i)

Counsel of record

For petitioner
Molly Elkin
McGillivary Steele Elkin LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 10 2023
    Petition DENIED.
  2. Oct 02 2023
    DISTRIBUTED for Conference of 10/6/2023.
  3. Sep 25 2023
    Rescheduled.
  4. Aug 16 2023
    DISTRIBUTED for Conference of 9/26/2023.
  5. Aug 14 2023
    Reply of petitioners Cody Adams, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  6. Jul 31 2023
    Brief of respondent United States in opposition filed.
    Main DocumentCertificate of Word Count
  7. Jun 29 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including July 31, 2023.
  8. Jun 28 2023
    Motion to extend the time to file a response from July 17, 2023 to July 31, 2023, submitted to The Clerk.
    Main Document
  9. Jun 15 2023
    Brief amicus curiae of National Border Patrol Council filed.
    Main DocumentProof of ServiceCertificate of Word Count
  10. May 26 2023
    Motion to extend the time to file a response is granted and the time is extended to and including July 17, 2023.
  11. May 25 2023
    Motion to extend the time to file a response from June 15, 2023 to July 17, 2023, submitted to The Clerk.
    Main Document
  12. May 12 2023
    Petition for a writ of certiorari filed. (Response due June 15, 2023)
    PetitionCertificate of Word CountProof of Service