Supreme Court of the United States · Official docket →
Mark Schena v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-2989 · judgment July 11, 2025
Certiorari denied · March 23, 2026
Pre-decision estimate: 3% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether paying a healthcare marketer a commission when a physician independently makes a patient referral and receives none of the compensation qualifies as “remuneration . . . to induce a referral” under the Eliminating Kickbacks in Recovery Act, 18 USC § 220(a)(2)(A).
Counsel of record
For petitioner
James Reid Sigel
Davis Wright Tremaine LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Mar 23 2026Petition DENIED.
- Mar 04 2026DISTRIBUTED for Conference of 3/20/2026.
- Mar 02 2026Reply of petitioner Mark Schena filed. (Distributed)
- Feb 13 2026Brief of respondent United States in opposition filed.
- Jan 07 2026Motion to extend the time to file a response is granted and the time is further extended to and including February 13, 2026.
- Jan 06 2026Motion to extend the time to file a response from January 14, 2026 to February 13, 2026, submitted to The Clerk.
- Dec 15 2025Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2026.
- Dec 11 2025Motion to extend the time to file a response from December 15, 2025 to January 14, 2026, submitted to The Clerk.
- Nov 14 2025Response Requested. (Due December 15, 2025)
- Nov 05 2025DISTRIBUTED for Conference of 11/21/2025.
- Oct 30 2025Waiver of right of respondent United States to respond filed.
- Oct 09 2025Petition for a writ of certiorari filed. (Response due November 13, 2025)