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F.E.B. Corp. v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-12383 · judgment November 5, 2025


Certiorari denied · October 5, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a petition under 3,000 words.

Questions presented

  1. Should the Court address Justice Blackmun’s criticism of the “broad dictum” of Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 581- 582 (1985) (J. Blackmun, concurring), which permitted F.R.C.P. 52(a)’s “clearly erroneous” standard of review to be applied in a purely historical document evidence case?

  2. Is “plausible” the correct standard of review under Rule 52(a) in an historical document case interpreting and applying the Title 43 U.S.C. §1313(a) language “all lands filled in, built up, or otherwise reclaimed by the United States for its own use?”

Counsel of record

For petitioner
Bruce S. Rogow
Bruce S. Rogow, PA

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jun 24 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 16 2026
    Waiver of right of respondent United States to respond filed.
  4. Apr 29 2026
    Petition for a writ of certiorari filed. (Response due June 18, 2026)