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Malcolm Wade Pipes v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1509 · judgment December 16, 2024


Certiorari denied · October 6, 2025
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

Whether a military reservist, who was lawfully ordered to engage in remedial fitness training without pay and points, and suffered injury, was on inactive¬ duty training status while performing ordered military training within the meaning of 10 U.S.C. § 101(d)(7)(B) and, therefore, entitled to disability retirement.

Counsel of record

For petitioner
Mathew B. Tully
Tully Rinckey PLLC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
24A1155

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 20 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Aug 15 2025
    Waiver of right of respondent United States to respond filed.
  4. Jul 18 2025
    Petition for a writ of certiorari filed. (Response due August 21, 2025)
  5. May 29 2025
    Application (24A1155) granted by The Chief Justice extending the time to file until July 18, 2025.
  6. May 23 2025
    Application (24A1155) to extend the time to file a petition for a writ of certiorari from June 3, 2025 to July 18, 2025, submitted to The Chief Justice.