No. 22-211

Kelly Vandenberg v. University of Saint Thomas, aka University of St. Thomas (Houston)

Lower Court: Fifth Circuit
Docketed: 2022-09-08
Status: Denied
Type: Paid
Tags: burden-of-proof civil-procedure employment-discrimination pretext pretext-standard prima-facie-case reeves-v-sanderson rule-50 rule-56 summary-judgment
Latest Conference: 2022-11-10
Question Presented (from Petition)

1. Do the exceptions in Reeves apply under Rule 56 identically as they do under Rule 50 when the Court prohibits judges from weighing evidence and determining credibility?

2. Whether imposing a burden on plaintiffs to show a "conflict in substantial evidence" on summary judgment is a disguised, impermissible "pretext plus" standard.

Question Presented (AI Summary)

Whether the narrow Reeves exceptions apply to Rule 56 summary judgment identically as they do under Rule 50

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-09-06

Attorneys

Kelly Vandenberg
Charles Jordan Connor ThrockmortonThrockmorton Law Firm PLLC, Petitioner