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Daniel v. United States

Petition for certiorari denied on May 20, 2019

Docket No. Argument Opinion Vote Author Term
18-460 N/A N/A N/A N/A OT 2018

Issue: (1) Whether the Feres doctrine bars service members, or their estates, from bringing claims for medical malpractice under the Federal Tort Claims Act when the medical treatment did not involved any military exigencies, decisions or considerations, and when the service member was not engaged in military duty or a military mission at the time of the injury or death; and (2) whether Feres should be overruled for medical malpractice claims brought under the Federal Tort claims Act when the medical treatment did not involve any military exigencies, decisions or considerations, and when the service member was not engaged in military duty or a military mission at the time of the injury or death.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/11/2018Petition for a writ of certiorari filed. (Response due November 13, 2018)
11/13/2018Waiver of right of respondent United States to respond filed.
11/20/2018DISTRIBUTED for Conference of 12/7/2018.
11/28/2018Response Requested. (Due December 28, 2018)
12/18/2018Motion to extend the time to file a response from December 28, 2018 to January 28, 2019, submitted to The Clerk.
12/19/2018Motion to extend the time to file a response is granted and the time is extended to and including January 28, 2019.
01/18/2019Motion to extend the time to file a response from January 28, 2019 to February 27, 2019, submitted to The Clerk.
01/22/2019Motion to extend the time to file a response is granted and the time is further extended to and including February 27, 2019.
02/27/2019Brief of respondent United States in opposition filed.
03/13/2019DISTRIBUTED for Conference of 3/29/2019.
03/20/2019Reply of petitioner Walter Daniel filed. (Distributed)
04/08/2019DISTRIBUTED for Conference of 4/12/2019.
04/15/2019DISTRIBUTED for Conference of 4/18/2019.
04/22/2019DISTRIBUTED for Conference of 4/26/2019.
05/06/2019DISTRIBUTED for Conference of 5/9/2019.
05/13/2019DISTRIBUTED for Conference of 5/16/2019.
05/20/2019Petition DENIED. Justice Ginsburg would grant the petition for a writ of certiorari. Justice Thomas, dissenting from denial of certiorari. (Detached Opinion)