No. 18-5883

Burdette Lowe v. Delta Air Lines, Inc.

Lower Court: Eleventh Circuit
Docketed: 2018-09-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ada-retaliation civil-rights disability due-process eeoc employment employment-discrimination judicial-procedure pleading-standard pleading-standards retaliation
Key Terms:
Arbitration SocialSecurity ERISA DueProcess EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2018-10-26
Question Presented (from Petition)

Whether it is proper for lower courts to issue dismissal decisions by omitting essential facts and misconstruing factual allegations, and creating decisions not supported by the record. And do they have the authority to create a new pleading standard, and use criteria, and arguments that are contrary to Federal Rules of Civil Procedures, Supreme Court precedents, Federal Laws, and Equal Employment Opportunity Commission Guides and Manuals.

Whether it is proper for Appeal Courts to ignore a defendant's admission of committing a wrongdoing alleged. And whether frivolous motions to dismiss are proper instead of answering the complaint as FRCP Rule 12(b) requires.

Whether it is proper for decisions that are contrary to Federal authorities be unpublished and elude review. And whether such decisions commit or give the appearance of fraud upon the Court.

Question Presented (AI Summary)

Whether lower courts can dismiss disability-related occupational injury civil complaints by omitting essential facts and misconstruing allegations, creating new pleading standards contrary to FRCP and Supreme Court precedents

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-09-27
Waiver of right of respondent Delta Airlines Inc. to respond filed.
2018-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2018)

Attorneys

Burdette Lowe
Burdette Lowe — Petitioner
Delta Airlines Inc.
Thomas J. MungerMunger & Stone, LLP, Respondent