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Jo Spence v. Department of Veterans Affairs, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-5273 · judgment July 23, 2024


Certiorari denied · November 25, 2024
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. Whether the Court’s issuance of a ruling stating that the liberal pleading standard does not invariably apply to pro se attorneys without first addressing the district court’s failure to consider the attorney’s complaint in light of all filings, as required by the Court for Rule 12(b)(6) reviews was premature and a departure from precedent.

  2. Whether the Department of Veterans Affairs acted in accordance with the Veterans Affairs Account­ ability and Whistleblower Protection Act which required the Special Counsel’s approval for the removal, demotion or suspension of covered individuals.

  3. Whether courts should be permitted to dismiss claims and challenges to administrative agency decisions for failure to meet Fed. R. Civ. P. 8(a)(2)’s short and plain statement requirement without identifying the claims and/or challenges deemed to be noncompliant.

Counsel of record

For petitioner
Jo Spence

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 25 2024
    Petition DENIED.
  2. Nov 06 2024
    DISTRIBUTED for Conference of 11/22/2024.
  3. Oct 31 2024
    Waiver of right of respondent Dept. of Veteran Affairs, et al. to respond filed.
  4. Oct 18 2024
    Petition for a writ of certiorari filed. (Response due November 25, 2024)