No. 25-1139

Brian Armstrong v. WB Studio Enterprises, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2026-03-31
Status: Pending
Type: Paid
Response Waived
Tags: but-for-causation civil-rights-act diversity-policy employment-discrimination race-conscious-hiring summary-judgment
Latest Conference: 2026-05-01
Question Presented (from Petition)

1. Should a judge or a jury decide the fact intensive question of whether intentional discrimination against white people in the workplace—done pursuant to a corporate DEI policy—satisfies the "but for" causation standard in 42 U.S.C. § 1981?

2. Whether, under the "but for" causation standard established in Comcast Corp. v. National Ass'n of African American-Owned Media, 589 U.S. 327 (2020), a court may grant summary judgment by examining only the actions of a single subordinate decision-maker in isolation, where the record contains evidence that supervisors above that decision-maker directed race-conscious hiring decisions as part of an integrated corporate scheme to implement a discriminatory diversity policy.

Question Presented (AI Summary)

Whether intentional discrimination against white people in the workplace pursuant to a corporate DEI policy satisfies the 'but for' causation standard under 42 U.S.C. § 1981, and whether a court may grant summary judgment by examining only a single subordinate decision-maker's actions in isolation when supervisors directed race-conscious hiring decisions as part of an integrated corporate scheme to implement a discriminatory diversity policy

Docket Entries

2026-04-15
DISTRIBUTED for Conference of 5/1/2026.
2026-04-13
Waiver of right of respondent WB Studio Enterprises, Inc., and Warner Brothers Entertainment, Inc. to respond filed.
2026-03-26
Petition for a writ of certiorari filed. (Response due April 30, 2026)
2026-01-23
Application (25A844) granted by Justice Kagan extending the time to file until March 26, 2026.
2026-01-21
Application (25A844) to extend the time to file a petition for a writ of certiorari from January 25, 2026 to March 26, 2026, submitted to Justice Kagan.

Attorneys

Brian Armstrong
Scott James StreetJW Howard Attorneys, Petitioner
WB Studio Enterprises, Inc., and Warner Brothers Entertainment, Inc.
Corey Gene SingerMitchell Silberberg & Knupp LLP, Respondent