No. 25-815

Siddharth Kode v. Joseph Pargin, et al.

Lower Court: Fifth Circuit
Docketed: 2026-01-09
Status: Pending
Type: Paid
Tags: contract-discrimination post-formation precedent-interpretation retaliation-claims statute-of-limitations time-barred
Latest Conference: 2026-03-20
Question Presented (from Petition)

|1.| Whether a court's ruling that §1981 postformation discrimination/retaliation claims are time-barred because of its application of 2Y-SoL rather than 4Y-SoL to such claims, if such claims would not have been ruled as time-barred under 4Y-SoL, constitutes reversible-error, particularly, as "manifest-error" or "plain-error"?

|2.| Whether the combination of this Court's holdings in CBOCS and AMTRAK v. Morgan, 536 U.S. 101 (2002) (and analogous statutory-provisions within Texas-Fair-Housing-Act ("TFHA")), allows "retaliatory harassment" ("RetHaH") claims, which under §1981 (and TFHA), would recognize as "continuing-violation", persistent acts of retaliation (because of plaintiff's repeated complaints of contract-related racial-discrimination) perpetrated over many years, by same defendant(s) against plaintiff?

|3.| If a USCA-rule requires such USCA to render its decision in published-opinion when such decision conflicts with existing precedent(s) within its USCA and/or sister-federal-circuit-courts ("SFCCs"), then, in such scenario, whether such USCA reversibly-errs (and/or abuses-discretion) when it instead, renders such decision in unpublished-opinion, and then, subsequently denies a litigant's motion-for-publication?

Question Presented (AI Summary)

Whether a court's ruling that §1981 postformation claims are time-barred because of its application of 2Y-SoL rather than 4Y-SoL constitutes reversible error

Docket Entries

2026-02-25
DISTRIBUTED for Conference of 3/20/2026.
2025-12-17
Petition for a writ of certiorari filed. (Response due February 9, 2026)

Attorneys

Siddharth Kode
Siddharth Kode — Petitioner