The 7th Circuit denied Purcell's Petition for rehearing this morning without the justices even voting on the issue.

The 7th Circuit has made it abundantly clear that it does not care that the Feres doctrine is devolving into a duty status only test. It is now clear that the most influential circuit in the country is willing to ignore Supreme Court precedent when applying the Feres doctrine. This Court missed its best opportunity to refine the Feres doctrine in a way that is supported by public policy. As a result of this decision many more servicemembers throughout Illinois, Wisconsin, and Indiana injured in situations completely analogous to civilian life will be unable to achieve justice in the courts.

Our petition for the Supreme Court will be filed January 23, 2012.