No. 18-780

Lisa Marie Kerr v. Marshall University Board of Governors, et al.

Lower Court: Fourth Circuit
Docketed: 2018-12-19
Status: Denied
Type: Paid
Response Waived
Tags: 12(b)(6)-motion academic-deference civil-procedure civil-rights civil-rights-act due-process first-amended-complaint first-amendment leave-to-amend savings-statute sex-discrimination sexual-orientation sexual-orientation-discrimination
Latest Conference: 2019-02-15
Question Presented (from Petition)

Under the Civil Rights Act, is sexual orientation discrimination unlawful "on the basis of sex," and/or "because of.. . sex," as held by the Second and Seventh Circuits, or does such text impliedly exclude homosexual persons, as the Eleventh Circuit reasoned?

Does "academic deference" remain an affirmative due process defense that universities must plead and prove, as this Court and the Fourth Circuit have held, or is it an immunity-like 12(b)(6) presumption that bars all sorts of claims, including unlawful discrimination?

When a non-frivolous First Amended Complaint is filed after 12(b)(6) judgment, does the district court abuse its discretion by denying leave to amend, or may it forfeit the action to punish the plaintiff for "delay" she did not cause or control?

When a plaintiff files a new action within the forum's savings statute period, and her amended complaint adds no claims or parties, is the district court bound by state precedent, or may it reject state law and forfeit the plaintiff's entire action?

Question Presented (AI Summary)

Is sexual orientation discrimination unlawful under the Civil Rights Act?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-09
DISTRIBUTED for Conference of 2/15/2019.
2019-01-03
Waiver of right of respondents Marshall University Board of Governors, et al. to respond filed.
2018-12-14
Petition for a writ of certiorari filed. (Response due January 18, 2019)

Attorneys

Lisa M. Kerr
Lisa Marie Kerr — Petitioner
Marshall University Board of Governors, et al.
John Andrew HessSteptoe & Johnson PLLC, Respondent