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United States, ex rel. Michelle Calderon v. Carrington Mortgage Services, LLC

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-1553 · judgment June 14, 2023


Certiorari denied · October 16, 2023
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 a federal-government petitioner, a petition filed soon after the judgment below, and a Seventh Circuit decision below, and down for a business respondent.

Question presented

Did the Appellate Panel erroneously uphold the granting of summary judgment in favor of Respondent in finding no evidence of causation for a jury to consider, thereby stripping Congress' intended reach and scope of the False Claims Act (31 U.S.C. §§3729– 3733); and, where a summary judgment ruling is appealed, do the damages springing from the reversal of the lower court’s finding survive, herein, civil penalties from a finding of evidence of materiality?

Counsel of record

For petitioner
Jennifer Lynne Blackwell
Orzeske - Blackwell, P.C.

For respondent
Eric Alan White
Mayer Brown LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 16 2023
    Petition DENIED.
  2. Sep 27 2023
    DISTRIBUTED for Conference of 10/13/2023.
  3. Sep 19 2023
    Waiver of right of respondent Carrington Mortgage Serv., LLC to respond filed.
  4. Sep 12 2023
    Petition for a writ of certiorari filed. (Response due October 16, 2023)