No. 23-145

Aleksandra Shklyar v. Carboline Company

Lower Court: Eighth Circuit
Docketed: 2023-08-16
Status: Denied
Type: Paid
Response Waived
Tags: abuse-of-discretion ada-pleadings americans-with-disabilities-act civil-procedure civil-rights court-discretion disability-discrimination due-process judicial-bias retaliation standing
Latest Conference: 2023-10-06
Question Presented (from Petition)

Did the Court abuse its discretion in dismissing the amended complaint for disability discrimination and retaliation?

Did the Court abuse its discretion and demonstrate bias and prejudice by adopting and implementing the same, nearly identical policies as those of defendant which gave rise to the complaint?

Did the amended complaint state a cause of action for disability discrimination in violation of the Americans with Disabilities Act?

Did the amended complaint state a cause of action for disability retaliation in violation of the ADA?

Did the Court abuse its discretion by failing to consider the Congressional intent and standard of review for ADA pleadings by failing to review defendant's response to determine if it expressed any ADA defense?

Question Presented (AI Summary)

Did the Court abuse its discretion in dismissing the amended complaint for disability-discrimination,retaliation

Docket Entries

2023-10-10
Petition DENIED.
2023-09-20
DISTRIBUTED for Conference of 10/6/2023.
2023-09-14
Waiver of right of respondent Carboline Company to respond filed.
2023-06-12
Petition for a writ of certiorari filed. (Response due September 15, 2023)

Attorneys

Aleksandra Shklyar
Aleksandra Shklyar — Petitioner
Carboline Company
Benjamin D. WoodStinson LLP, Respondent