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James King v. Douglas Brownback, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-2101 · judgment September 21, 2022

Certiorari denied · October 30, 2023
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× 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 dissent in the court below (flagged in the petition).

Question presented

This case returns after remand from Brownback v. King, 141 S. Ct. 740 (2021), where this Court flagged for future review the question presented: Whether the Federal Tort Claims Act’s judgment bar, 28 U.S.C. 2676, which this Court has repeatedly said functions in much the same way as the commonlaw doctrine of res judicata, nevertheless operates to bar claims brought together in the same action.

Counsel of record

For petitioner
Patrick Michael Jaicomo
Institute for Justice

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 4 conferences

Amicus briefs
3 cert-stage

Argument & decision

Decided October 30, 2023.

Proceedings

  1. Oct 30 2023
    Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
  2. Oct 23 2023
    DISTRIBUTED for Conference of 10/27/2023.
  3. Oct 10 2023
    DISTRIBUTED for Conference of 10/13/2023.
  4. Oct 02 2023
    DISTRIBUTED for Conference of 10/6/2023.
  5. Aug 09 2023
    DISTRIBUTED for Conference of 9/26/2023.
  6. Aug 03 2023
    Reply of petitioner James King filed.
    Main DocumentCertificate of Word CountProof of Service
  7. Jul 20 2023
    Brief of respondent United States in opposition filed.
    Main DocumentProof of Service
  8. Jun 01 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including July 20, 2023.
  9. May 31 2023
    Motion to extend the time to file a response from June 20, 2023 to July 20, 2023, submitted to The Clerk.
    Main Document
  10. Apr 26 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including June 20, 2023. See Rule 30.1.
  11. Apr 25 2023
    Motion to extend the time to file a response from May 19, 2023 to June 19, 2023, submitted to The Clerk.
    Main Document
  12. Apr 21 2023
    Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2023.
  13. Apr 19 2023
    Brief amicus curiae of Cato Institute filed.
    Main DocumentProof of ServiceCertificate of Word Count
  14. Apr 19 2023
    Motion to extend the time to file a response from April 19, 2023 to May 19, 2023, submitted to The Clerk.
    Main Document
  15. Apr 17 2023
    Brief amici curiae of Professors James E. Pfander, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  16. Mar 22 2023
    Brief amicus curiae of Public Citizen filed.
    Main DocumentCertificate of Word CountProof of Service
  17. Mar 17 2023
    Petition for a writ of certiorari filed. (Response due April 19, 2023)
    PetitionAppendixCertificate of Word CountProof of Service