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Vaxima, Inc., et al. v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-4277, 17-4278 · judgment February 28, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a business petitioner.

Questions presented

  1. Whether a criminal forfeiture judgment against Petitioners Vaxima, Inc. and GenPhar, Inc. (collectively “Petitioners”) under 28 U.S.C. § 2461(c), is permitted under this Court’s decision in Honeycutt v. United States, 137 S. Ct. 1626 (2017) (“Honeycutt”).

  2. Whether a criminal conviction can be supported by an indictment alleging that Petitioners’ conduct amounted to breach of contract.

Counsel of record

For petitioner
Robert Edward Barnes
Barnes law

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 20 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 13 2022
    Waiver of right of respondent United States to respond filed.
  4. Jun 25 2022
    Petition for a writ of certiorari filed. (Response due August 5, 2022)