Supreme Court Report

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W. J., By His Parents and Legal Guardians, R. J. and A. J. v. Xavier Becerra, Secretary of Health and Human Services

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-2119 · judgment February 21, 2024


Certiorari denied · November 4, 2024
Pre-decision estimate: 1% cert probability

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

Question presented

28 U.S.C. § 2501, which is explicitly jurisdictional in that it applies to “[e]very claim of which the United States Court of Federal Claims has jurisdiction,” pro­ vides that “[a] petition on the claim of a person under legal disability or beyond the seas at the time the claim accrues may be filed within three years after the disability ceases.” The question presented is... Whether the three-year tolling provision of 28 U.S.C. § 2501 applies to legally disabled petitioners who bring claims before the United States Court of Federal Claims under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.

Counsel of record

For petitioner
R. J.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 04 2024
    Petition DENIED.
  2. Oct 09 2024
    DISTRIBUTED for Conference of 11/1/2024.
  3. Oct 03 2024
    Waiver of right of respondent Becerra, Xavier to respond filed.
  4. Jul 03 2024
    Petition for a writ of certiorari filed. (Response due October 3, 2024)