No. 25-103
BofI Federal Bank, nka Axos Bank v. Charles Matthew Erhart
Response Waived
Tags: affirmative-defense burden-shifting employment-law personnel-action sarbanes-oxley whistleblower-protection
Latest Conference:
2025-09-29
Question Presented (from Petition)
Under AIR-21's two-step framework, can evidence showing an employee's protected activity was a contributing factor in the unfavorable personnel action at step one discredit the employer's separate same-action affirmative defense at step two?
Question Presented (AI Summary)
Under AIR-21's two-step framework, can evidence showing an employee's protected activity was a contributing factor in the unfavorable personnel action at step one discredit the employer's separate same-action affirmative defense at step two?
Docket Entries
2025-10-06
Petition DENIED.
2025-09-16
Supplemental Brief of BofI Federal Bank submitted.
2025-09-16
Supplemental brief of petitioner BofI Federal Bank filed. (Distributed)
2025-08-13
DISTRIBUTED for Conference of 9/29/2025.
2025-08-05
Waiver of right of respondent Charles Matthew Erhart to respond filed.
2025-07-24
Petition for a writ of certiorari filed. (Response due August 27, 2025)
2025-05-05
Application (24A1067) granted by Justice Kagan extending the time to file until July 24, 2025.
2025-05-01
Application (24A1067) to extend the time to file a petition for a writ of certiorari from May 25, 2025 to July 24, 2025, submitted to Justice Kagan.
Attorneys
BofI Federal Bank
Polly Towill — Sheppard Mullin Richter & Hampton LLP, Petitioner
Charles Matthew Erhart
Carol Gillam — The Gillam Law Firm, Respondent