Sebelius v. Cloer
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-236 | Fed. Cir. | Mar 19, 2013 | May 20, 2013 | 9-0 | Sotomayor | OT 2012 |
Holding: An untimely National Childhood Vaccine Injury Act petition may qualify for an award of attorney’s fees if it is filed in good faith and there is a reasonable basis for its claim.
Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on May 20, 2013. Justice Scalia and Justice Thomas do not join as to Part II-B.
SCOTUSblog Coverage
- Opinion analysis: Justices affirm broad availability of attorney’s fees in vaccine cases (Ronald Mann, May 21, 2013)
- Argument recap: Justices dubious of limits on attorney’s fees in vaccine cases (Ronald Mann, March 21, 2013)
- Argument preview: Justices to mull attorney’s fees for untimely vaccine claims (Ronald Mann, March 14, 2013)
- Court to rule on raisin program (Lyle Denniston, November 20, 2012)
- Petition of the day (Ben Cheng, November 16, 2012)
| Date | Proceedings and Orders |
|---|---|
| Jun 27 2012 | Application (11A1252) to extend the time to file a petition for a writ of certiorari from July 10, 2012 to August 9, 2012, submitted to The Chief Justice. |
| Jun 27 2012 | Application (11A1252) granted by The Chief Justice extending the time to file until August 9, 2012. |
| Jul 27 2012 | Application (11A1252) to extend further the time from August 9, 2012 to August 23, 2012, submitted to The Chief Justice. |
| Jul 27 2012 | Application (11A1252) granted by The Chief Justice extending the time to file until August 23, 2012. |
| Aug 22 2012 | Petition for a writ of certiorari filed. (Response due September 21, 2012) |
| Sep 5 2012 | Order extending time to file response to petition to and including October 12, 2012. |
| Oct 9 2012 | Order further extending time to file response to petition to and including October 29, 2012. |
| Oct 26 2012 | Brief of respondent Melissa Cloer in opposition filed. |
| Nov 5 2012 | DISTRIBUTED for Conference of November 20, 2012. |
| Nov 9 2012 | Reply of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed) |
| Nov 20 2012 | Petition GRANTED. |
| Jan 4 2013 | Brief of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. |
| Jan 4 2013 | Joint appendix filed. |
| Jan 7 2013 | SET FOR ARGUMENT ON Tuesday, March 19, 2013 |
| Jan 23 2013 | CIRCULATED. |
| Jan 25 2013 | Received record from the U.S.C.A. for the Federal Circuit Court. (1 box) |
| Feb 4 2013 | Brief of respondent Melissa Cloer filed. (Distributed) |
| Feb 11 2013 | Brief amici curiae of Elizabeth Birt Center for Autism Law and Advocacy, et al. filed. (Distributed) |
| Feb 11 2013 | Brief amici curiae of National Vaccine Information Center, et al. filed. (Distributed) |
| Mar 1 2013 | Record from U.S. Court of Federal Claims is eletronic. |
| Mar 5 2013 | Reply of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed) |
| Mar 19 2013 | Argued. For petitioner: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Robert T. Fishman, Denver, Colo. |
| May 13 2013 | Letter from counsel for petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed) |
| May 20 2013 | Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Kagan, JJ., joined, and in which Scalia and Thomas, JJ., joined as to all but Part II-B. |
| Jun 21 2013 | JUDGMENT ISSUED. |
| Jun 26 2013 | Record returned to U.S. Court of Appeals for Federal Circuit. |
