Whether an employee who has sued her employer for retaliation because she was terminated while she attempted to take FMLA leave must show that her attempt to take leave was a "but-for" cause of her termination (as the Eleventh Circuit concluded) or that it was a "motivating factor" in her employer's decision (as the Second, Third, and Fifth Circuits have held)?

Whether a plaintiff may seek relief under a federal statute after an adverse appellate decision when seeking an extension of time to file a petition for certiorari