No. 22-34

Wei-Ping Zeng v. Marshall University, et al.

Lower Court: Fourth Circuit
Docketed: 2022-07-12
Status: Denied
Type: Paid
Tags: adverse-employment-action civil-procedure discrimination-claim employment-retaliation federal-rules-appellate-procedure federal-rules-of-appellate-procedure judicial-proceedings record-on-appeal standing supervisory-power
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Whether the lower courts have departed from the accepted and usual course of judicial proceedings by refusing to provide Petitioner the record on appeal (ROA), and this Court should exercise its supervisory power to order the lower courts to comply with Federal Rules of Appellate Procedure (FRAP).

2. Whether this Court should provide more definite guidelines to balance a court's responsibility to determine discrimination by blatant disparate treatments of employees and avoidance to sit as a "super personnel department".

3. Whether an unauthorized warning of potential termination of employment instead of the termination itself is the adverse employment action for the purpose of determining unlawful retaliation.

Question Presented (AI Summary)

Whether the lower courts have departed from the accepted and usual course of judicial proceedings by refusing to provide Petitioner the record on appeal (ROA), and this Court should exercise its supervisory power to order the lower courts to comply with Federal Rules of Appellate Procedure

Docket Entries

2022-10-03
Petition DENIED.
2022-08-31
DISTRIBUTED for Conference of 9/28/2022.
2022-08-22
2022-08-08
Brief of respondent Marshall University, et al. in opposition filed. (Aug. 29, 2022)
2022-05-04

Attorneys

Marshall University, et al.
Brian Dale MorrisonOxley Rich Sammons, PLLC, Respondent
Wei-Ping Zeng
Wei-Ping Zeng — Petitioner