No. 18-1171

Comcast Corporation v. National Association of African American-Owned Media, et al.

Lower Court: Ninth Circuit
Docketed: 2019-03-11
Status: Judgment Issued
Type: Paid
Amici (12)Relisted (4) Experienced Counsel
Tags: 42-usc-1981 but-for-causation causation civil-rights contract-dispute discrimination plausibility-standard pleading race-discrimination section-1981 standing
Latest Conference: 2019-06-06 (distributed 4 times)
Question Presented (from Petition)

1. Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation?

2. Can a plaintiff state a plausible claim for relief if the complaint does not allege facts tending to exclude obvious alternative explanations for the challenged conduct and does not allege facts to support all elements of the claim?

Question Presented (AI Summary)

Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation?

Docket Entries

2020-04-24
JUDGMENT ISSUED.
2020-03-23
Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined, and in which Ginsburg, J., joined except for the footnote. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment.
2019-11-13
Argued. For petitioner: Miguel Estrada, Washington, D. C.; and Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Erwin Chemerinsky, Berkeley, Cal.
2019-10-23
Reply of petitioner Comcast Corporation filed. (Distributed)
2019-10-15
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2019-09-30
Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed)
2019-09-30
Brief amici curiae of Members of Congress filed. (Distributed)
2019-09-30
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
2019-09-30
Brief amicus curiae of Professor W. Burlette Carter filed. (Distributed).
2019-09-30
Brief amici curiae of Employment Law Professors filed. (Distributed)
2019-09-27
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2019-09-27
Brief amici curiae of Torts Scholars filed. (Distributed)
2019-09-26
Brief amici curiae of Law & History Professors filed. (Distributed)
2019-09-23
Brief of respondents National Association of African American-Owned Media, et al. filed. (Distributed)
2019-09-17
Brief amicus curiae of Issues4Life Foundation filed. (Distributed)
2019-09-17
Record received from the U.S.D.C. Central District of California is electronic and located on PACER.
2019-09-17
Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
2019-09-16
Record requested from the U.S.C.A. 9th Circuit.
2019-09-03
CIRCULATED
2019-08-15
Brief amicus curiae of United States filed.
2019-08-15
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2019-08-15
Brief amicus curiae of Washington Legal Foundation filed.
2019-08-15
Brief amicus curiae of Center for Workplace Compliance filed.
2019-08-08
Brief of petitioner Comcast Corporation filed.
2019-08-08
Joint appendix filed. (Statement of costs filed)
2019-08-06
Blanket Consent filed by Petitioner, Comcast Corporation.
2019-08-05
Blanket Consent filed by Respondents, National Association of African American-Owned Media, et al.
2019-07-08
SET FOR ARGUMENT on Wednesday, November 13, 2019.
2019-06-26
Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 8, 2019. The time to file respondents' brief on the merits is extended to and including September 23, 2019.
2019-06-18
Joint motion for an extension of time to file the briefs on the merits filed.
2019-06-10
Petition GRANTED limited to Question 1 presented by the petition.
2019-06-03
DISTRIBUTED for Conference of 6/6/2019.
2019-05-28
DISTRIBUTED for Conference of 5/30/2019.
2019-05-20
DISTRIBUTED for Conference of 5/23/2019.
2019-05-15
Rescheduled.
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-29
Reply of petitioner Comcast Corporation filed.
2019-04-10
Brief of respondents National Association of African American-Owned Media, et al. in opposition filed.
2019-03-08
Petition for a writ of certiorari filed. (Response due April 10, 2019)

Attorneys

Center for Workplace Compliance
Rae Thiesfield VannNT Lakis, LLP, Amicus
Chamber of Commerce of the United States of America
Gregory George GarreLatham & Watkins LLP, Amicus
Comcast Corporation
Miguel A. EstradaGibson, Dunn & Crutcher LLP, Petitioner
Employment Law Professors
Sandra F. SperinoUniversity of Cincinnati College of Law, Amicus
Issues4Life Foundation
Catherine Wynne ShortLife Legal Defense Foundation, Amicus
Law & History Professors
Eugene Roy FidellFeldesman Tucker Leifer Fidell LLP, Amicus
Lawyers' Committee for Civil Rights Under Law
Dariely RodriguezLawyers' Committee for Civil Rights Under Law, Amicus
Members of Congress
Brianne Jenna GorodConstitutional Accountability Center, Amicus
NAACP Legal Defense & Educational Fund, Inc.
Kristen Adrina JohnsonNAACP Legal Defense and Educational Fund, Inc., Amicus
National Association of African American-Owned Media, et al.
Erwin Chemerinsky — Respondent
Professor W. Burlette Carter
Willieta Burlette Carterc/o George Washington Univ. Law School (Prof. Emerita), Amicus
Torts Scholars
Paul Lindsey HoffmanUCI Law Civil Rights Litigation Clinic, Amicus
United States
Noel J. FranciscoSolicitor General, Amicus
Washington Legal Foundation
Richard A. SampWashington Legal Foundation, Amicus