No. 19-478

Amadou Sowe v. Pall Corporation

Lower Court: Second Circuit
Docketed: 2019-10-10
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-1746 affidavit affidavit-substitution age-discrimination civil-procedure due-process federal-procedure local-rule-violation local-rules owbpa perjury-statute summary-judgment sworn-declaration unsworn-declaration
Key Terms:
Arbitration ERISA
Latest Conference: 2019-12-06
Question Presented (from Petition)

Even though the Plaintiffs counter statement is not accepted because of local rule violation, can the Plaintiffs counter statement still be used to show lack of compliance with OWBPA statute simply because the counter statement is sworn under penalty of perjury using 28 U.S.C. § 1746?

Does the Melanie Carr sworn declaration apply to just the first statement in the list or does it apply to all 8 statements?

Question Presented (AI Summary)

Whether plaintiff's counter statement sworn under 28 U.S.C. § 1746 can be used to show lack of compliance with OWBPA statute despite local rule violation

Docket Entries

2019-12-09
Petition DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-10-28
Waiver of right of respondent Pall Corporation to respond filed.
2019-10-07
Petition for a writ of certiorari filed. (Response due November 12, 2019)

Attorneys

Amadou Sowe
Amadou Sowe — Petitioner
Pall Corporation
Raymond C. BaldwinSeyfarth Shaw, LLP, Respondent