No. 21-1054

Shaoming Song v. Xavier Becerra, Secretary of Health and Human Services, et al.

Lower Court: Fourth Circuit
Docketed: 2022-01-28
Status: Denied
Type: Paid
Response Waived
Tags: 18-U.S.C.-1001 29-U.S.C.-633(a) age-discrimination but-for-causation civil-procedure discovery-rule federal-government fraud plausibility-pleading stare-decisis statute-of-limitations
Latest Conference: 2022-03-04
Question Presented (from Petition)

1. Whether, or under what circumstance, a six-year concealed fraud in a federal agency's official personnel action allegedly violated the Age Discrimination Employment Act (ADEA) can be a part of government interest and thereby be protected by departure from accepted and usual course of judicial procedures.

2. Can the "Plausibility Pleading Standard" enunciated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009) become a new defence of a fraudulent concealment?

3. Under the "Doctrine of Stare Decisis" and after Babb v. Wilkie, 589 U.S. ___, 140 S. Ct. 1168 (2020), whether the 29 U.S.C. § 623(a) and its "but-for-causation" phrase can be continually applying to a federal-sector ADEA claim, thereby nullified the "free from any" phrase of the 29 U.S.C. § 633(a).

Question Presented (AI Summary)

Whether a six-year concealed fraud in a federal agency's personnel action can be protected from judicial procedures

Docket Entries

2022-03-07
Petition DENIED.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-14
Waiver of right of respondent Xavier Becerra, Secretary of Health and Human Services, et al. to respond filed.
2022-01-21
Petition for a writ of certiorari filed. (Response due February 28, 2022)

Attorneys

Shaoming Song
Shaoming Song — Petitioner
Xavier Becerra, Secretary of Health and Human Services, et al.
Elizabeth B. PrelogarSolicitor General, Respondent