No. 21-1018

Nicole Colton v. Fehrer Automotive, North America, LLC

Lower Court: Eleventh Circuit
Docketed: 2022-01-19
Status: Denied
Type: Paid
Tags: ada ada-amendments-act ada-amendments-act-of-2008 disability disability-discrimination motion-to-dismiss pleading reasonable-accommodation regarded-as-disabled short-stature standing
Latest Conference: 2022-03-18
Question Presented (from Petition)

1. Whether Colton's short stature could plausibly
be a disability covered by the Americans with
Disabilities Act 1990, as amended by the ADA
Amendments Act of 2008 to survive a motion
to dismiss?

2. Whether the ADA Amendments Act of 2008 changes the analysis in Carruthers v. BSA
Advert., Inc. , 357 F.3d. 1213, 1216, (11
th Cir.
2004) of what is necessary to plead to be
"Regarded as Disabled"?

3. Based on the ADA Amendments Act of 2008 whether Colton reasonably believed her accommodation request constituted protected
activity?

Question Presented (AI Summary)

Whether Colton's short stature could plausibly be a disability covered by the Americans with Disabilities Act 1990, as amended by the ADA Amendments Act of 2008 to survive a motion to dismiss?

Docket Entries

2022-03-21
Petition DENIED.
2022-03-02
DISTRIBUTED for Conference of 3/18/2022.
2022-01-14
Petition for a writ of certiorari filed. (Response due February 18, 2022)
PetitionAppendixCertificate of Word CountProof of Service
2021-12-09
Application (21A193) granted by Justice Thomas extending the time to file until January 14, 2022.
2021-12-06
Application (21A193) to extend the time to file a petition for a writ of certiorari from December 15, 2021 to January 14, 2022, submitted to Justice Thomas.
Main DocumentLower Court Orders/OpinionsLower Court Orders/Opinions

Attorneys

Nicole Colton
Lee David Winston — Winston Cooks, LLC, Petitioner