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Ayyakkannu Manivannan v. Department of Energy

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1804 · judgment October 12, 2021


Certiorari denied · October 11, 2022
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Whether a court of appeals must provide an opinion explaining its reasoning in an appeal that involves a complex and unsettled area of the law and in which a written opinion would likely provide the appellant with a viable basis for seeking rehearing, rehearing en banc, or certiorari.

  2. Whether federal agency employees who disclose gross waste, mismanagement, or violations of laws, rules, or regulations are protected from agency retaliation only when they later can prove the disclosed misconduct in the Merit Systems Protection Board, where they have been denied any discovery and, “[a]s a practical matter, the agency has far greater access to and control over evidence.” Whitmore v. Department of Labor, 680 F.3d 1353, 1375 (Fed. Cir. 2012).

Counsel of record

For petitioner
John J. Powell
Montgomery, McCracken

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 11 2022
    Petition DENIED.
  2. Sep 21 2022
    DISTRIBUTED for Conference of 10/7/2022.
  3. Sep 14 2022
    Waiver of right of respondent U.S. Department of Energy to respond filed.
  4. Apr 11 2022
    Petition for a writ of certiorari filed. (Response due September 16, 2022)