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Michael Faris v. Department of the Air Force

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1561 · judgment September 22, 2022


Certiorari denied · April 3, 2023
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Are federal employees considered a “person” for the purposes of USERRA and thereby entitled to the Rights and Benefits guaranteed to “any person” by Chapter 43 of Title 38 U.S. Code.

  2. What are the characteristics of a leave of absence that may be considered in determining “comparability” between a leave of absence for service to the uniformed services and other leaves of absence, particularly for determination of benefits (and employee costs of benefits) that should be provided?

  3. Did Congress mean what they said, through plain language, in 38 U.S.C. § 4318(a)(1), that a right provided under any Federal law governing pension benefits for governmental employees shall be determined by that section (unless precluded by 38 U.S.C. § 4302(a) because the other law provides greater rights or benefits)?

  4. Are all periods of uniformed service while in a status included in the definition of “service to the uniformed services” at 38 U.S.C. § 4303(13) eligible for the pension rights and benefits under USERRA?

  5. Should a Court of Appeals be authorized to reframe a contention in the public opinion in a manner that conceals the actual complaint and the law on which a contention is based?

  6. Where does the burden of proof lie in a USERRA case brought forward against a federal government agency under 38 U.S.C. § 4312-4318?

Counsel of record

For petitioner
Michael Faris

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
22M72

Proceedings

  1. Apr 03 2023
    Petition DENIED.
  2. Mar 15 2023
    DISTRIBUTED for Conference of 3/31/2023.
  3. Mar 13 2023
    Waiver of right of respondent Department of the Air Force to respond filed.
  4. Feb 21 2023
    Motion (22M72) for leave to proceed as a veteran Granted.
  5. Feb 01 2023
    MOTiON (22M72) DISTRIBUTED for Conference of 2/17/2023.
  6. Jan 23 2023
    Motion (22M72) for leave to proceed as a veteran filed.
  7. Jan 23 2023
    Petition for a writ of certiorari filed. (Response due March 23, 2023)