No. 21-1410
Carol V. Clendening, as Personal Representative of the Estate of Gary J. Clendening v. United States
Tags: camp-lejeune discretionary-function-exception federal-tort-claims-act feres-doctrine feres-v-united-states judge-advocate-general military-tort-claims standing-law toxic-exposure
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2022-11-04
(distributed 5 times)
Question Presented (AI Summary)
Does Feres v. United States apply to an unwitting Judge Advocate General Officer's toxic exposure not related to his service
Question Presented (OCR Extract)
QUESTIONS PRESENTED The questions presented are: (1) Does Feres v. United States, 340 U.S. 1385 (1950) apply to an unwitting Judge Advocate General Officer’s toxic exposure not related to his service. (2) Whether the Federal Tort Claims Act’s discretionary function exception 28 U.S.C 2680(a) applies to the military’s failure to notify and warn Camp Lejeune residents of their exposure to toxins pursuant to standing law.
Docket Entries
2022-11-07
Petition DENIED. Justice Thomas, dissenting from denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1410_nkp1.pdf'>Opinion</a>)
2022-10-31
DISTRIBUTED for Conference of 11/4/2022.
2022-10-24
Rescheduled.
2022-10-24
DISTRIBUTED for Conference of 10/28/2022.
2022-10-12
Rescheduled.
2022-10-11
DISTRIBUTED for Conference of 10/14/2022.
2022-10-05
Rescheduled.
2022-09-21
DISTRIBUTED for Conference of 10/7/2022.
2022-09-19
Reply of petitioner Carol V. Clendening filed.
2022-09-07
Brief of respondent United States in opposition filed.
2022-08-05
Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2022.
2022-08-04
Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
2022-06-29
Motion to extend the time to file a response is granted and the time is extended to and including August 8, 2022.
2022-06-27
Motion to extend the time to file a response from July 8, 2022 to August 8, 2022, submitted to The Clerk.
2022-06-08
Response Requested. (Due July 8, 2022)
2022-05-31
DISTRIBUTED for Conference of 6/16/2022.
2022-05-24
Waiver of right of respondent United States to respond filed.
2022-04-29
Petition for a writ of certiorari filed. (Response due June 2, 2022)
2022-02-23
Application (21A446) granted by The Chief Justice extending the time to file until April 29, 2022.
2022-02-18
Application (21A446) to extend the time to file a petition for a writ of certiorari from February 28, 2022 to April 29, 2022, submitted to The Chief Justice.
Attorneys
Carol V. Clendening
E. Joshua Rosenkranz — Orrick, Herrington & Sutcliffe LLP, Petitioner
Nicholas Frederick Baker — Nick Baker Law LLC, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent