No. 19-1312

Weih Steve Chang v. Children's Advocacy Center of Delaware

Lower Court: Third Circuit
Docketed: 2020-05-22
Status: Denied
Type: Paid
Response Waived
Tags: 31-usc-3730 circuit-split constitutional-law dismissal-standard due-process federal-statute legal-malpractice legal-procedure qui-tam separation-of-powers standing statutory-interpretation
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Which one of the two differing standards, the D.C. Circuit's "Unfettered Discretion" standard or the Ninth and Tenth Circuits' "Rational Basis Test" standard, is appropriate for evaluating dismissal pursuant to 31 U.S.C. 3730(c)(2)(A)?

2. Did the Third Circuit sidestep important constitutional questions regarding the above-referenced circuit split by misconstruing Relator's explicit demands on the record that the District Court adopt the Ninth and Tenth Circuits' standard over the D.C. Circuit standard for evaluating dismissal pursuant to 31 U.S.C. 3730(c)(2)(A)?

3. Did the Third Circuit fail to recognize the record below that the District Court enabled legal malpractice of Relator's attorneys by denying their first motion to withdraw as counsel to the extent that they failed to request a hearing pursuant to 31 U.S.C. 3730(c)(2)(A)?

Question Presented (AI Summary)

Which one of the two differing standards, the D.C. Circuit's 'Unfettered Discretion' standard or the Ninth and Tenth Circuits' 'Rational Basis Test' standard, is appropriate for evaluating dismissal pursuant to 31 U.S.C. 3730(c)(2)(A)?

Docket Entries

2020-10-05
Petition DENIED.
2020-06-24
DISTRIBUTED for Conference of 9/29/2020.
2020-06-08
Waiver of right of respondent Children's Advocacy Center of Delaware to respond filed.
2020-03-16
Petition for a writ of certiorari filed. (Response due June 22, 2020)

Attorneys

Children's Advocacy Center of Delaware
Kimberly A. Boyer-CohenMarshall, Dennehey, Warner, Coleman & Goggin, Respondent
Weih Chang
Weih Steve Chang — Petitioner