Supreme Court of the United States · Official docket →
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
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
- Nov 04 2024Petition DENIED.
- Oct 09 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 03 2024Waiver of right of respondent Becerra, Xavier to respond filed.
- Jul 03 2024Petition for a writ of certiorari filed. (Response due October 3, 2024)