employment-law

149 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-941 Nonna Y. Sorokina v. The College of New Jersey Third Circuit 2026-02-06 Pending actual-knowledge cat's-paw-theory employment-law pregnancy-discrimination prima-facie-case staub-standard Dr. Sorokina appeals to this Court the order of the Court of Appeals for the Third Circuit solely with respect to her pregnancy discrimination claim…
25-6519 Cornelius Davis v. Southeast QSR LLC Eleventh Circuit 2026-01-08 Pending Response WaivedIFP 14th-amendment civil-rights due-process employment-law racial-discrimination workplace-retaliation Fact 1. Racial Discrimination. Based on my first argument Tenecca Brunner is Caucasian, she is a female and I'm black male. She got her job back. Fac…
25-714 Rafael Paredes v. United Airlines, Inc., et al. Third Circuit 2025-12-18 Pending anti-retaliation constitutional-rights due-process employment-law title-vii workplace-discrimination 1. Federal anti-retaliation protections prohibit adverse treatment in response to protected activity, particularly where comparable conduct by others …
25-620 California Herbal Remedies, Inc. v. Superior Court of California, Los Angeles County, et al. California 2025-12-01 Pending class-action constitutional-protections employment-law opt-out-notice privacy-rights wage-and-hour After under two months, commencing after Thanks giving 2020 until separation just after Epiphany 2021, respondent Sara Perez held temporary employment…
25-6176 Melanie Nicole Moore v. Pooches of Largo, Inc., et al. Eleventh Circuit 2025-11-20 Denied Response WaivedIFP contract-interpretation employment-law flsa-retaliation judicial-procedure minimum-wage wage-dispute 1. Whether the district court's characterization of Petitioner's unpaid wage complaint as "merely" a contract dispute rather than a violation of the F…
25-431 Ealaila Conard v. Chanel, Inc. Eleventh Circuit 2025-10-09 Denied Response Waived ada-discrimination employment-law informed-consent job-related-standards medical-privacy medical-treatment Did the Court create conflicts in the law by failing to be guided by the common-law rule, well-established public policy and the long legal tradition …
25A258 Tonnesha Kidd v. Lourdes Medical Center at Burlington, et al. Third Circuit 2025-09-03 Presumed Complete employment-law pro-se-litigation race-discrimination retaliation summary-judgment third-circuit Question not identified.
25-164 Mitzi Baker v. Social Security Administration Federal Circuit 2025-08-11 Denied Response Waived employment-law individual-right-action retaliatory-intent sarbanes-oxley statutory-interpretation whistleblower-protection Whether federal whistleblowers have to prove "retaliatory intent" in an Individual Right to Action, (IRA), under the Whistleblower Protection Enhancem…
25-103 BofI Federal Bank, nka Axos Bank v. Charles Matthew Erhart Ninth Circuit 2025-07-28 Denied Response Waived affirmative-defense burden-shifting employment-law personnel-action sarbanes-oxley whistleblower-protection Under AIR-21's two-step framework, can evidence showing an employee's protected activity was a contributing factor in the unfavorable personnel action…
25A5 Thomas Crowther v. Board of Regents of the University System of Georgia Eleventh Circuit 2025-07-01 Presumed Complete circuit-split employment-law implied-right-of-action sex-discrimination statutory-interpretation title-ix Question not identified.
24-1204 Yaakov Markel v. Union of Orthodox Jewish Congregations of America, a Corporation, et al. Ninth Circuit 2025-05-27 Denied Response Waived contract-breach employment-law first-amendment ministerial-exception overtime-compensation religious-institutions 1. Whether Religious institutions are bound by the contracts they voluntarily enter into, or are entitled, after performance by their minister, to …
24-7012 Carla McCray v. Miami Dade County Public Schools, et al. Eleventh Circuit 2025-04-16 Denied Response WaivedIFP employment-law federal-statute fmla medical-leave mental-health uniform-standard Whether the Family Medical Leave Act of 1993, 29 U.S.C. § 2601, a federal statute intended for the entire national citizenry, should have one uniform …
24-1014 Pedro Ortiz Romero v. Puerto Rico Fiscal Agency and Financial Advisory Authority, et al. First Circuit 2025-03-24 Denied age-discrimination burden-of-proof disparate-impact eeoc-regulation employment-law reasonable-factors The Age Discrimination in Employment Act (ADEA) prohibits employment practices that have an unjustified disparate impact on older workers, Smith v. Ci…
24-935 Flower Foods, Inc., et al. v. Angelo Brock Tenth Circuit 2025-02-28 Granted Amici (22)Response RequestedResponse WaivedRelisted (4) contract-law employment-law federal-arbitration-act interstate-commerce statutory-interpretation transportation-workers Are workers who deliver locally goods that travel in interstate commerce —but who do not transport the goods across borders nor interact with vehicles…
24-896 Wei Qiu v. Board of Education of Oldham County, Kentucky Sixth Circuit 2025-02-20 Denied Response Waived due-process employment-law equal-protection motion-to-dismiss racial-discrimination title-vii 1. Can a complaint allege direct violation of Title VII? 2. Should the case go back to the district court to discover the hiring information the empl…
24-867 IQVIA Inc. v. Superior Court of California, Alameda County, et al. California 2025-02-13 Dismissed Amici (2)Response RequestedResponse WaivedRelisted (2) civil-procedure due-process employment-law noncompete-agreement personal-jurisdiction specific-jurisdiction A noncompete agreement imposes limitations on an employee's ability to compete against his or her employer immediately after separating from the compa…
24-6555 Bianca A. Hughley v. Southwest Airlines Fourth Circuit 2025-02-12 Denied Response WaivedIFP arbitration breach-of-contract employment-law grievance-procedures minor-disputes railway-labor-act Did the United States District Court of Maryland err in their decision to dismiss Ms. Hughley's Breach of Contract claim knowing that Ms. Hughley was …
24-733 Daniel Snyder v. Arconic, Corp., a Delaware Corporation, et al. Eighth Circuit 2025-01-13 Denied Amici (2)Response Waived abercrombie-standard accommodation employment-law prima-facie-case religious-discrimination title-vii Whether an employee's sincere religious belief or practice, without more, establishes a prima facie case under Abercrombie.
24-626 F.W. Webb Company v. Vincent N. Micone, III, Acting Secretary, Department of Labor First Circuit 2024-12-06 Denied administrative-exemption employment-law fair-labor-standards-act judicial-interpretation labor-regulations regulatory-compliance The Fair Labor Standards Act (FLSA) creates an overtime exemption for "administrative" employees as that term is "defined and delimited from time to t…
24-493 Michael Shipton v. Baltimore Gas & Electric Company, et al. Fourth Circuit 2024-10-31 Denied Response Waived circuit-split employer-liability employment-law fmla-interpretation good-faith-defense statutory-interpretation Is an employer who terminates an employee because it honestly, but mistakenly, believed that the employee's leave was not protected by the FMLA still …
24-5781 Marquice D. Robinson v. Michael Holman, et al. Eleventh Circuit 2024-10-18 Denied Response WaivedRelisted (2)IFP adverse-action circuit-split collective-bargaining employment-law summary-judgment tenth-amendment 1. Whether The Eleventh Circuit Court of Appeals erred in essentially holding in conflict with The Ninth Circuit Court of Appeals that a violation of …
24-399 Helen Allen v. Ford Motor Company Seventh Circuit 2024-10-09 Denied Response WaivedRelisted (2) employment-law first-amendment hostile-work-environment racial-harassment summary-judgment workplace-discrimination 1. Whether evidence of Harassment and Discrimination, as documented by Petitioner in numerous complaints that were acknowledged by Ford Motor Company …
24-5522 Billie R. James v. Southland Casino Eighth Circuit 2024-09-11 Denied IFP age-discrimination civil-rights employment-law prima-facie-case procedural-fairness summary-judgment Did the District Court's and the Court of Appeals' failure to address James' allegations (i.e. forgeries and fabricated documents, denial of motions, …
24-5422 MalcolmX Johnson v. Wise Staffing Group Sixth Circuit 2024-08-29 Denied IFP employment-law equal-protection-clause intentional-discrimination racial-discrimination title-vii workforce-balance "For the purpose of Title VII and the Equal Protection Clause, does a state employer's refusal to take a required step for the hiring of a person beca…
24-78 Intelligent Waves, LLC v. Marthe Lattinville-Pace Fourth Circuit 2024-07-25 Denied Response Waived adea age-discrimination but-for-causation civil-rights due-process eeoc-complaint employment employment-law equal-employment-opportunity-commission fourth-circuit Does a claim of age discrimination under 29 U.S.C. § 621 et seq. fail in the absence of but-for causation?
24-62 Yan Ping Xu v. City of New York, New York, et al. Second Circuit 2024-07-19 Denied Response Waived administrative-law civil-procedure civil-rights due-process employment employment-law municipal-employment performance-evaluation state-law summary-discharge 1. Whether a permanent employee who has served for less than five years in the noncompetitive class in the City of New York could be summarily disc…
24-49 James E. Hitch v. The Frick Pittsburgh Third Circuit 2024-07-16 Denied adverse-action burden-of-proof causation civil-procedure civil-rights discrimination employment employment-law retaliation Whether James E. Hitch has proven a claim for retaliation under the " but for" causation test?
24-5069 Phile Andra Watson v. FedEx Express Fifth Circuit 2024-07-12 Denied Relisted (2)IFP ada-discrimination americans-with-disabilities-act but-for-causation causation causation-standard congressional-intent disability-discrimination disability-rights employment-law motivating-factor The Americans with Disabilities Act (ADA) forbids discrimination "on the basis of" disability, but does not specifically set forth the standard to be …
24-30 John Garland, et al. v. New York City Fire Department, et al. Second Circuit 2024-07-11 Denied Response Waived civil-procedure discovery due-process employment-law federal-rules motion-to-dismiss plausibility plausibility-requirement pleading-standards pleadings 1. When are pleadings sufficient to state a claim under the standard set in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and applied in a broader context in…
24-10 Marecia Bell v. Denis R. McDonough, Secretary of Veterans Affairs Eleventh Circuit 2024-07-09 Denied Response Waived 42-usc-2000e-16 employment-law federal-employment pay-discrimination protected-class summary-judgment title-vii title-vii-discrimination 1. Whether a failure to follow federal rules relating to pay without credible explanation that results in a protected class receiving less pay than ot…
23-1296 Randstad Inhouse Services, LLC, et al. v. Adan Ortiz, et al. Ninth Circuit 2024-06-12 Denied Amici (1) commerce-clause contract-exemption employment-law exemption federal-arbitration-act foreign-commerce interstate-commerce statutory-interpretation transportation-workers Are employees who handle goods that travel in interstate commerce—but who do not transport those goods across borders and whose work does not directly…
23-1283 Doris Lapham v. Walgreen Co. Eleventh Circuit 2024-06-07 Denied Response Waived adverse-employment-action causation causation-standard circuit-split department-of-labor department-of-labor-regulation employment-law employment-retaliation family-medical-leave-act fmla retaliation The Family and Medical Leave Act makes it "unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, …
23-7576 Solomon A. Jones v. Georgia Department of Labor, et al. Georgia 2024-05-28 Denied IFP civil-rights due-process employment-law in-forma-pauperis minimum-wage pandemic service-of-process sovereign-immunity unemployment-benefits unemployment-insurance Can unemployment insurance benefits be denied to persons whose employment is terminated through no fault of their own, whether or not they meet some m…
23-1238 Chinyere Ogbonna-McGruder v. Austin Peay State University, et al. Sixth Circuit 2024-05-24 Denied Response Waived civil-procedure civil-rights color-of-state-law employment-law hostile-work-environment motion-to-amend motion-to-dismiss notice-pleading reasonable-person retaliation retaliation-claim Whether Petitioner's claim for retaliation required her to prove she suffered severe or pervasive conduct by her supervisor rather than conduct which …
23-7490 Chanel E. M. Nicholson v. W.L. York, Inc., dba Cover Girls, et al. Fifth Circuit 2024-05-16 Denied Response RequestedResponse WaivedRelisted (14)IFP civil-rights discrete-acts employment-discrimination employment-law equal-protection limitations-period national-railroad-passenger-corporation-v-morgan racial-discrimination Where the discriminatory act was refusing admission of Petitioner (a Black entertainer) to the business ' premises for work because her admission woul…
23-7434 Samuel T. Whatley, II v. Waffle House, Inc. Fourth Circuit 2024-05-09 Denied IFP agency-oversight civil-rights constitution constitutional-rights declaration-of-independence due-process employment employment-law federal-jurisdiction wage-payment wages 1. Does the Founding Father's documentation of individual rights, such as the Bill of Rights, Declaration of Independence, and Constitution, provide p…
23-7331 Carol Ann McBratnie v. Denis R. McDonough, Secretary of Veterans Affairs Sixth Circuit 2024-04-30 Denied Response WaivedIFP americans-with-disabilities-act case-precedent disability disability-status employee employment-law job-applicant medical-inquiry reasonable-accommodation Did the 6th Circuit Court of Appeals [Appeals Court] and the US District Court for the Eastern District of Michigan (US District Court) apply the wron…
23A932 Phile Andra Watson v. Megan J. Brennan, Postmaster General Fifth Circuit 2024-04-17 Presumed Complete age-discrimination civil-rights employment-law extension-of-time federal-employer pro-se-petition Question not identified.
23-7214 Chanel Tarrant v. Christiana Care, et al. Delaware 2024-04-12 Denied IFP administrative-law civil-rights due-process employee-rights employment-benefits employment-law long-term-disability occupational-safety tort-law workers-compensation workplace-injury "Hospital after working for them for 3O-years "an "and getting injured on the job?
23-7218 Leslie Shannon v. Cherry Creek School District, et al. Tenth Circuit 2024-04-12 Denied Response WaivedIFP civil-rights discrimination due-process employment-discrimination employment-law equal-protection fifth-amendment fourteenth-amendment retaliation summary-judgment 1. WHY WERE MY FIFTH AND FOURTEENTH AMENDMENT RIGHTS VIOLATED BY BOTH THE DISTRICT AND 10TH CIRCUIT COURTS? 2. WHY WAS MY REQUEST FOR A JURY TRIAL AN…
23-6995 Rosaura Strous v. Superior Court of California, Yuma County Ninth Circuit 2024-03-14 Denied Relisted (2)IFP civil-rights disability-discrimination disability-rights due-process employment-law judicial-procedure sexual-discrimination sexual-harassment standing Question 1) What claims did you raise to the court below? Claims of sexual harassment that have not been addressed. Sexual discrimination as well as …
23-967 Quentin Borges-Silva v. Michael S. Regan, in His Official Capacity as Administrator, Environmental Protection Agency District of Columbia 2024-03-06 Denied Response Waived administrative-law civil-rights collateral-estoppel due-process eeoc-proceeding employment-discrimination employment-law federal-courts hostile-work-environment wrongful-termination Whether offensive collateral estoppel in a concurrent administrative proceeding is binding in a district court proceeding arising from the same cause …
23A701 Martin Akerman v. Merit Systems Protection Board Federal Circuit 2024-01-30 Presumed Complete agency-deference due-process employment-law national-security security-clearance whistleblower-protection Recognizing the misuse of security clearance decisions as tools for tyranny and retaliation, Congress enacted Public Law 117-103 on March 15, 2022, At…
23-795 Gregory Abelar, et al. v. International Business Machines Corporation Second Circuit 2024-01-24 Denied Amici (1)Response Waived age-discrimination age-discrimination-in-employment-act arbitration-agreement arbitration-agreements circuit-split eeoc-filing eeoc-filing-requirements employment-law gilmer-v-interstate-johnson-lane substantive-rights The question presented in this Petition is whether an arbitration agreement can be used to bar an employee from pursuing a claim under the Age Discrim…
23-748 Langston Austin, et al. v. Glynn County, Georgia, et al. Eleventh Circuit 2024-01-10 Denied 11th-amendment circuit-split eleventh-amendment eleventh-circuit employment-law fair-labor-standards-act individual-liability public-officials state-officials This case presents a clear conflict among the circuit courts regarding the interpretation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et…
23-706 Brent Hebert, et al. v. FMC Technologies, Incorporated Fifth Circuit 2023-12-29 Denied Response Waived 29-usc-216b collective-action employment-law exemptions fair-labor-standards-act overtime-pay procedural-joinder salary-basis wage-exemption 1. whether an employee is paid on a salary basis for purposes of the EAP exemptions to the FLSA and its implementing regulations, 29 C.F.R. § 541.604(…
23A575 Elizabeth Stafford v. International Business Machines Corporation Second Circuit 2023-12-21 Presumed Complete age-discrimination arbitration-agreement confidentiality employment-law first-amendment public-access Question not identified.
23-6223 Christopher Louis Sindone v. Michigan Department of Corrections, et al. Sixth Circuit 2023-12-11 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights due-process employment employment-law federal-habeas-corpus harassment legal-standing retaliation statutory-interpretation Question not identified.
23-550 Laura Barbour Bowes, as Executor of the Estate of Eva Palmer v. Liberty University, Inc. Fourth Circuit 2023-11-21 Denied age-discrimination direct-evidence employment-law fourth-circuit-standard mcdonnell-douglas ministerial-exception prima-facie-case summary-judgment 1. Whether (1) a statement by a university dean, made during the time that the university was deciding whether or not to renew the contract of a th…
23-460 C.K. Sales Co., LLC, et al. v. Margarito V. Canales, et al. First Circuit 2023-11-01 Denied Relisted (2) and distribute baked goods within defined intrast sell civil-procedure contract-employment contract-exemption employment-contracts employment-law exemption-clause federal-arbitration-act interstate-commerce intrastate-commerce statutory-interpretation transportation-worker transportation-workers The Federal Arbitration Act ("FAA") does not "apply to contracts of employment of seamen, railroad employees, and any other class of workers engaged i…
23-441 Patrick Fehlman v. James Mankowski Seventh Circuit 2023-10-26 Denied civil-rights constitutional-rights due-process employment-law first-amendment free-speech government-retaliation public-employee public-employment retaliation Is the government free to continue to retaliate against a former public employee for speech made during the employee's employment?
23-275 Nancy Avina v. Union Pacific Railroad Eighth Circuit 2023-09-21 Denied 42-usc-1981 age-discrimination age-discrimination-in-employment-act civil-rights employment-discrimination employment-law federal-preemption preemption railway-labor-act statutory-interpretation Does the Railway Labor Act preempt, preclude or otherwise limit, and if so when and in what way, claims under anti-discrimination statutes, such as th…
23-5622 Ervie Savage v. Walmart Stores, Inc. Fifth Circuit 2023-09-20 Denied IFP administrative-law civil-rights disability disability-insurance employer-liability employment employment-law insurance sedgwick-claims workers-compensation workplace-injury Under what rules does Walmart Stores have the right to decide not to cover An employee injured on the job? Why was I not paid, while off work on a Lea…
23-217 E.M.D. Sales, Inc., et al. v. Faustino Sanchez Carrera, et al. Fourth Circuit 2023-09-08 Judgment Issued CVSGAmici (9)Response RequestedResponse WaivedRelisted (5) burden-of-proof circuit-split clear-and-convincing-evidence employment-law fair-labor-standards-act flsa-exemptions overtime-pay preponderance-of-evidence wage-exemption Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere preponderance of the evidence—…
23-5382 Julie A. Graham v. Denis R. McDonough, Secretary of Veterans Affairs Third Circuit 2023-08-18 Denied Response WaivedIFP administrative-procedure civil-rights constitutional-law constitutional-rights criminal-charges due-process employee-suspension employment employment-law hearing-requirements Where employer suspends employee indefinitely for waiver of prelimin ary hearing on a variety of criminal charges, but affords employee no kind of he…
23-34 Delila Uwasomba v. Bank of America, et al. Fourth Circuit 2023-07-12 Denied Response WaivedRelisted (2) civil-procedure claim claim-pleading corporate-negligence dismissal due-process economic-damages employment-law standing statute-of-limitations Is it appropriate for a case to be dismissed for not stating a claim and the stated claim dismissed as time barred? I've been told by attorneys that …
22-1187 Julia Keller-McIntyre v. California California 2023-06-08 Rehearing ada civil-rights disability-discrimination due-process employment-law equal-employment protected-status reasonable-accommodation rehabilitation-act Under California laws California State University Executive Code 1096, California Government Code 19230, and California Education Code 87102, and unde…
22-1150 Josh Stein, Attorney General of North Carolina, et al. v. People for the Ethical Treatment of Animals, Inc., et al. Fourth Circuit 2023-05-26 Denied Amici (1)Response RequestedResponse WaivedRelisted (4) civil-procedure civil-rights due-process duty-of-loyalty employee-rights employment-law first-amendment free-speech newsgathering property-protection standing tort-law The North Carolina Property Protection Act gives property owners a civil cause of action for certain torts committed in the nonpublic areas of their p…
22-979 Nicole Owens v. Georgia Governor's Office of Student Achievement Eleventh Circuit 2023-04-10 Denied Response Waived ADA ada-amendments-act disability-accommodation disability-discrimination employment-law interactive-process major-life-activities pregnancy-discrimination-act reasonable-accommodation rehabilitation-act When an employee suffers from a physical or mental impairment that substantially limits her in one or more major life activities, what form must a req…
22-7228 Sharon Hardman v. Kilolo Kijakazi, Acting Commissioner of Social Security Eighth Circuit 2023-04-06 Denied Response WaivedRelisted (2)IFP age-discrimination civil-rights disparate-treatment due-process employment employment-law equal-protection promotion protected-class workplace-rights What does the Age Discrimination Act in Employment of 1967 state about a person seeking promotion over the age of 40?
22-7006 Lamone M. Johnson, aka Marylin Monae Porter v. Luke Pettigrew, Warden, et al. Tenth Circuit 2023-03-14 Denied Response WaivedIFP administrative-procedure civil-rights civil-rights-act disability-discrimination due-process employment-discrimination employment-law equal-protection grievance-procedure municipal-employment ninth-circuit statutory-interpretation Question not identified.
22-799 Marie Pfau v. Janet L. Yellen, Secretary of the Treasury Fifth Circuit 2023-02-24 Denied Response Waived civil-rights due-process employment employment-law federal-court fifth-circuit reasonable-jury sex-discrimination summary-judgment Whether the Fifth Circuit erred in holding that a reasonable jury could not hold that the Petitioner experienced discrimination based on sex.
22-660 Trevor Murray v. UBS Securities, LLC, et al. Second Circuit 2023-01-18 Judgment Issued Amici (14)Relisted (2) affirmative-defense burden-shifting employment-law intent personnel-action retaliation retaliatory-intent sarbanes-oxley whistleblower whistleblower-protection Under the burden-shifting framework that governs Sarbanes-Oxley cases, must a whistleblower prove his employer acted with a "retaliatory intent" as pa…
22-6336 James C. Tate v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union Local 8363 Fifth Circuit 2022-12-19 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights discrimination discrimination-claim district-court-discretion due-process employment-law standing summary-judgment summary-motion union-representation 1. Did the District Court's discretion deny the petitioner due process? 2. Did the District Court in considering the facts presented in the summary m…
22-462 Ruby J. Watts v. John Stewart, et al. Eighth Circuit 2022-11-16 Denied civil-rights court-appointed-counsel directed-verdict discrimination due-process employment-discrimination employment-law equal-pay-act jury-trial prima-facie-case 1. Did the lower court err in its issuing a directed verdict when a documented prima facie case of discrimination had been established? 2. Did the lo…
22-439 Fraternal Order of Police, United States Park Police Labor Committee v. Department of the Interior Federal Circuit 2022-11-10 Denied Response Waived administrative-law civil-procedure employment-law federal-circuit judicial-review standing statutory-interpretation union union-standing Whether the Court of Appeals for the Federal Circuit's interpretation of 5 U.S.C. § 7703(a)(1) is incorrect in finding that an employee's union, on th…
22-443 Michael S. Zummer v. Jeffrey S. Sallet, et al. Fifth Circuit 2022-11-10 Denied civil-procedure civil-rights civil-service-reform-act constitutional-claims due-process employment employment-law federal-jurisdiction first-amendment free-speech judicial-review standing Whether a federal district court has jurisdiction to hear colorable constitutional claims by federal employees related to their employment—in this ins…
22-333 U.S. Well Services, Inc. v. Scott Easom, et al. Fifth Circuit 2022-10-11 Denied Response Waived causal-connection covid-19 employment-law mass-layoff natural-disaster plant-closing statutory-interpretation warn-act (1) Does COVID-19 qualify as a natural disaster under the WARN Act's natural disaster exception, 29 U.S.C. § 2102(b)(2)(B)? (2) What causal connectio…
22-195 Thomas J. Dart, et al. v. Salvatore Ziccarelli Seventh Circuit 2022-09-01 Denied Response Waived circuit-split civil-liability civil-procedure civil-rights due-process employee-rights employment-law family-medical-leave-act interference-claim standing statutory-interpretation Under the Family and Medical Leave Act of 1993, employers may be subject to civil liability if they interfere with their employees' exercise of the ri…
22-75 ForwardLine Financial, LLC, et al. v. Brandon Ahlmann California 2022-07-27 GVR Response RequestedRelisted (2) arbitration-agreement employment-agreement employment-law federal-arbitration-act iskanian labor-code labor-code-violations paga private-attorneys-general-act viking-river-cruises Whether, in light of Viking River Cruises, a mutual pre-dispute agreement to arbitrate all claims arising from the employment relationship is enforcea…
21-1536 Arvind Gupta v. Headstrong, Inc., et al. Second Circuit 2022-06-07 Denied administrative-law civil-procedure contract-law employment-law h1b-visa immigration-law nonimmigrant-worker settlement-agreement wage-and-hour wage-hour-violations Whether employers can have a legally enforceable private settlement and release agreement with the nonimmigrant worker in violation of 'INA ' requirem…
21-1444 Dolgen California, LLC v. Tricia Galarsa California 2022-05-16 GVR bilateral-arbitration employment-law federal-arbitration-act individual-arbitration iskanian-rule preemption private-attorneys-general-act representative-claims The question presented is: Does the FAA require enforcement of a bilateral arbitration agreement providing that an employee cannot assert representati…
21-1416 Christopher Orr v. Christian Brothers High School, Inc., et al. Ninth Circuit 2022-05-04 Denied civil-rights employment-discrimination employment-law first-amendment ministerial-exception racial-discrimination religious-discrimination religious-freedom title-vii After alleging that his immediate supervisor, the President of his Catholic high school, invoked racist stereotypes against Black people and other per…
21-1408 Peter Efo v. Diane Fondjo Maryland 2022-05-02 Denied 13th-amendment civil-rights constitutional-interpretation court-order damages due-process employment-law labor labor-rights restitution thirteenth-amendment Whether a Court Order for refund of paid labor cost for work ordered by an employer and was completed by a laborer violates the U.S.C. Amendment XIII …
21-1315 Deborah Lingenfelter v. Kaiser Foundation Health Plan of Colorado Tenth Circuit 2022-04-01 Denied Response Waived business-judgment-rule employer-liability employment-discrimination employment-law fmla fmla-retaliation retaliation summary-judgment tenth-circuit truthfulness In an employment case, where the plaintiff disputes the truthfulness of the employer's asserted reason for termination, may a court immunize that reas…
21-799 Kenneth Pritchard v. Metropolitan Washington Airports Authority Fourth Circuit 2021-11-30 Denied Response Waived administrative-procedure effective-date employment-law national-defense-authorization-act ndaa-provision protected-activities retaliation retaliation-claim retroactivity statutory-interpretation whistleblower-protection 1. Whether whistleblower provision of the 2013 National Defense Authorization Act (NDAA) protects employees from retaliation occurring after the provi…
21-744 William Maner v. Dignity Health, fka Catholic Healthcare West Ninth Circuit 2021-11-18 Denied civil-rights employment employment-law favoritism gender-discrimination summary-judgment title-vii workplace-favoritism 1. ) Where an employer allows workplace activities of ongoing, egregious, or multiple instances of favoritism to occur, such as job hiring, 'job reten…
21-6173 Rotimi Salu v. New York State Justice Center for the Protection of People With Special Needs New York 2021-11-04 Denied Response WaivedRelisted (2)IFP administrative-adjudication administrative-law confrontation confrontation-rights credibility due-process employment-law hearsay hearsay-evidence witness-credibility Does it violate due process of law for a state agency to routinely adjudicate accusations of wrongdoing on hearsay evidence alone (in over 95 percent …
21-5850 Lawrence E. Mattison v. Denis R. McDonough, Secretary of Veterans Affairs, et al. Fourth Circuit 2021-10-01 Denied Response WaivedRelisted (2)IFP administrative-procedure civil-rights due-process employment-law equal-protection federal-employment federal-law policy-procedure race-discrimination racial-discrimination 1. Whether, and in what circumstances, this Federal employer may use a Substantive Procedure contrary (repugnant) to Federal law and DVA Policy & Proc…
21-208 Merrilee Stewart v. IHT Insurance Agency Group, LLC Welfare Benefits Plan, et al. Sixth Circuit 2021-08-12 Denied affordable-care-act americans-with-disabilities-act arbitration civil-rights constitutional-protections disability-rights due-process employment-law erisa privacy Before an employee may have been deemed to have waived the comprehensive rights, remedies and procedural protections prescribed in civil rights statut…
21-165 In Re Gracie E. McBroom 2021-08-04 Denied Response WaivedRelisted (2) administrative-law civil-rights civil-rights-act due-process employment employment-law judicial-appointment judicial-review precinct-judge standing statutory-interpretation 1. Was this a reasonable question in the mind of the State Franklin County Court of Appeal on June 20, 1996 in the Memorandum Decision in their agreem…
21-136 Melanie Pelcha v. Watch Hill Bank Sixth Circuit 2021-08-02 Denied adea age-discrimination but-for-causation but-for-test causal-standard causation employment employment-law summary-judgment workplace-termination 1. Does the Age Discrimination in Employment Act (ADEA) require the plaintiff to prove that age was the sole reason for her termination? 2. Is the em…
21-35 Henry E. Gossage v. Office of Personnel Management Federal Circuit 2021-07-12 Denied Response WaivedRelisted (2) 5-usc-702 administrative-law agency-decision civil-procedure constitutional-claims due-process employment-law federal-circuit federal-circuit-jurisdiction opm standing 1. Whether the Federal Circuit has Jurisdiction or "lacks jurisdiction " to determine its original and lower court 's jurisdiction in OPM Investigatio…
20-1720 Joanne Taylor-Cotten v. District of Columbia Public Schools District of Columbia 2021-06-11 Denied Response Waived administrative-law civil-rights discrimination due-process employment employment-law impact-process retaliation 1. Whether the district court erred in holding DCPS and OEA for violation of the IMPACT process by no providing Staff development 2. Whether OEA erre…
20-1661 Arthur O. Armstrong v. School District of Philadelphia Third Circuit 2021-05-28 Denied 14th-amendment collective-bargaining due-process employment employment-law fourteenth-amendment grievance-procedure official-discrimination procedural-rights property-rights 1. Whether School District of Philadelphia, on August 25.1992. discharged the petitioner from his teaching position, without due process of law, with…
20-1591 Ashwin Khobragade v. Covidien LP Ninth Circuit 2021-05-17 Denied Response Waived civil-procedure civil-rights due-process employment employment-law federal-rules fraud qualified-immunity rico stare-decisis white-collar-litigation 1. Is the Defendant Covidien LP entitled to the absolute qualified immunity? Which is luring, hiding, lying, cheating, stealing, RICO and committing f…
20-7921 Edward Shane West-El v. Mark J. Baker Eleventh Circuit 2021-05-04 Denied Response WaivedIFP civil-procedure civil-rights due-process employment-law judicial-hearing labor-rights overtime overtime-compensation standing tax-deduction wage-dispute wages 1. In Earle v McVeigh, 91 US 503,23 L Ed 398, it says " Every person is entitled to an opportunity to be heard in a court of law upon every question …
20-7836 Derrick Michael Allen, Sr. v. Ted Wire, et al. Fourth Circuit 2021-04-23 Dismissed IFP administrative-law age-discrimination appointment-procedure civil-rights constitutional-rights due-process employment employment-law federal-employment federal-question standing BOHETHER THE U.S. COURT OF Appeals ERk IN THE ORDER OF TISTRIUT o ADOPTING OF JUDGE SCHROEDER, IN DISMIS TE D. THOMAS Right(s) Aer OF 1964, TiTlE THE …
20-1365 In Re Arno P. Kuigoua 2021-03-31 Denied Response Waived civil-procedure civil-rights discrimination employment-discrimination employment-law retaliation summary-judgment whistleblower-protection Whether in a case like this one, where the petitioner was denied on appeal his motion to remand his civil suit for jury trial, claiming six counts of …
20-1231 Jennifer Smith v. Florida Agricultural & Mechanical University Board of Trustees Eleventh Circuit 2021-03-08 Denied adverse-employment-action burlington-northern collateral-estoppel employment-law equal-pay gender-discrimination salary-discrimination salary-equity 1. Whether, under federal equal pay laws, the employer unlawfully discriminated against a female employee by failing to apply its salary equity adjust…
20-1093 Just Energy Marketing Corp., et al. v. Davina Hurt, Individually and on Behalf of All Others Similarly Situated, et al. Sixth Circuit 2021-02-11 Denied Amici (1) christopher-v-smithkline-beecham circuit-split employment-law fair-labor-standards-act outside-salesman regulatory-approval sales sales-exemption Whether, as the Second Circuit held, Petitioners' door-to-door solicitors are exempt "outside salesmen" under the FLSA or, as the Sixth Circuit held, …
20-1004 Robert Collier v. Dallas County Hospital District, dba Parkland Health & Hospital System Fifth Circuit 2021-01-26 Denied Amici (4)Response RequestedResponse WaivedRelisted (2) civil-rights employment-law extremely-serious-incident hostile-work-environment mere-utterance racial-discrimination racial-epithets title-vii workplace-harassment 1. Whether an employee's exposure to the N-word in the workplace is severe enough to send his Title VII hostile-work-environment claim to a trier of f…
20-6241 Lisa Marie Smith v. Kelly Services, Inc., et al. Third Circuit 2020-11-06 Denied Response WaivedRelisted (2)IFP civil-rights discrimination employment-discrimination employment-law federal-law liability-exemption negligence retaliation state-law third-party-liability workplace-policies (1) Whether work place polices made up by Kelly Services should overrule state and federal school laws. (2) Whether The School District of Philadelph…
20-6224 Brenda L. White v. Elite Beverages Seventh Circuit 2020-11-05 Denied IFP addiction-treatment alcohol-abuse civil-rights disability-discrimination due-process duty-of-care employee-misconduct employer-responsibility employment-law reasonable-accommodation workplace-negligence workplace-safety 1. Should a liquor store have rules drugs and alcohol and not follow them? 2. When a family member notices a problem with the employee and asks the l…
20-6187 Robin Elaine Jackson v. County of Sacramento Department of Health and Human Services, et al. Ninth Circuit 2020-11-03 Denied IFP civil-procedure civil-rights due-process employment-law fmla fmla-violation standing statutory-interpretation time-limitation wrongful-termination Whether a plaintiff who has no available remedy in a ["FMLA" ] time limitation violation , through no lack of diligence on her part, she is barred by …
20-568 William Geoffroy v. Town of Winchendon, Massachusetts, et al. First Circuit 2020-10-30 Denied Response Waived 29-usc-626 age-discrimination due-process employee-rights employment-law statutory-interpretation voluntary voluntary-consent waiver waiver-validity Whether a waiver of age discrimination claims can be found to be voluntary when an employer verbally revokes an employee's twenty-one (21) day review,…
20-500 Berlinda A. Madden v. Megan J. Brennan, Postmaster General Sixth Circuit 2020-10-16 Denied Response Waived civil-procedure eeoc-complaint employment-discrimination employment-law evidence material-fact retaliation summary-judgment union-president Whether a sworn affidavit of the Union President that company officials acted in retaliation for having filed an EEO complaint is a genuine issue of m…
20-5841 Gerard Nguedi v. Federal Reserve Bank of New York Second Circuit 2020-09-29 Denied Response WaivedIFP circuit-split civil-rights comparator-evidence disparate-treatment employment-discrimination employment-law equal-protection intentional-discrimination judicial-standard prima-facie-case similarly-situated-comparator Does a prima facie case of intentional discrimination require a judicial finding that the defendant gave more favorable treatment to a nearly identica…
20-392 Fatmata Kamara v. New Jersey, Department of Law and Public Safety, Division of State Police New Jersey 2020-09-25 Denied administrative-law civil-rights collective-bargaining conscientious-employee-protection-act due-process employment-discrimination employment-law law-against-discrimination police-misconduct state-police-procedure time-bar A rule was violated because No Statement was Obtained From Me For the Preliminary Hearing and Yet I was Terminated. State Police Counsel used Law Agai…
20-5779 Cynthia B. Woods v. South Carolina Department of Health and Human Services, et al. Fourth Circuit 2020-09-24 Denied Response WaivedIFP administrative-law civil-rights disability-discrimination due-process employment-law equal-protection Question not identified.
20-5790 Gerard Nguedi v. Federal Reserve Bank of New York Second Circuit 2020-09-24 Denied Response WaivedIFP circuit-split civil-rights comparator-evidence disparate-treatment employment-discrimination employment-law equal-protection intentional-discrimination judicial-finding prima-facie-case similarly-situated-comparator Does a prima facie case of intentional discrimination require a judicial finding that the defendant gave more favorable treatment to a nearly identica…
20-257 Chipotle Mexican Grill, Inc., et al. v. Maxcimo Scott, et al. Second Circuit 2020-09-01 Dismissed Amici (4)Relisted (5) civil-procedure class-certification collective-action district-court employment-law fair-labor-standards-act material-question opt-in-plaintiffs similarly-situated Whether a district court may consider factors other than the presence of a single material question of law or fact common to a group of employees when…
20-194 Franklin Cox v. Texas Workforce Commission, et al. Texas 2020-08-19 Denied Response WaivedRelisted (2) duty-to-defend employment-law substantial-evidence-rule tax-audit unemployment-insurance vicarious-liability 1. Will the employee have a duty to defend employer tax audit for unemployment joined as employer in the above reference cause? 2. Under Tex. Lab. Co…
20-159 John Devos v. Rhino Contracting, Inc., et al. Minnesota 2020-08-13 Denied Amici (1)Response Waived constitutional-rights due-process employment employment-law equal-protection interstate-commerce state-law state-residency workers-compensation Does a State's workers compensation statute violate Equal Protection when it treats Minnesota residents injured on the job in Minnesota differently ba…
19-8398 Joseph White v. Detroit East Community Mental Health, et al. Michigan 2020-05-05 Denied IFP civil-rights employment employment-law hostile-environment hostile-work-environment legal-interpretation organizational-liability retaliation sexual-harassment workplace workplace-abuse Must a court overlook co- workers, supervisors, and organizational directors, to tease and to allow sexual harassment, thus creating a hostile enviro…
19-8369 LaLangie Hoskins v. GE Aviation Fifth Circuit 2020-04-28 Denied Response WaivedIFP ada-title-i americans-with-disabilities-act disability disability-discrimination due-process employment-discrimination employment-law protected-class standing trial-procedure wrongful-termination Whether the district court abused its discretion by relying on the erroneous legal premise that the Plaintiff is not part of the protected class of ci…
19-1210 Harry's Nurses Registry, et al. v. Claudia Gayle, et al. Second Circuit 2020-04-13 Denied Response Waived administrative-enforcement condition-precedent employment-law fair-labor-standards-act private-right-of-action section-206 section-207 section-216(b) statutory-interpretation wage-and-hour Is the finding that the employer has violated Section 206 or Section 207 of the Fair Labor Standards Act, 29 U.S.C. § 201 et. seq , a condition preced…
19-8156 John Stancu v. Hyatt Corporation Fifth Circuit 2020-04-01 Denied IFP 7th-amendment age-discrimination civil-rights discovery-rights due-process employment-law jury-trial seventh-amendment standing 1. Did the district court and the 5th Circuit usurped the Seventh Amendment to the United States Constitution by wrongly denying Stancu's right to a j…
19-1176 Jim Yovino, Fresno County Superintendent of Schools v. Aileen Rizo Ninth Circuit 2020-03-27 Denied Amici (3)Relisted (3) circuit-split employment-law equal-pay-act factor-other-than-sex gender-discrimination merit-system prior-salary salary-history seniority-system sex-discrimination statutory-interpretation wage-differential wage-gap The Equal Pay Act permits employers to pay men and women different wages for the same work "where such payment is made pursuant to (i) a seniority sys…
19-7686 Maurice Buford v. Laborers' International Union Local 269, et al. Seventh Circuit 2020-02-18 Denied Response WaivedIFP civil-rights discrimination duty-of-fair-representation employment-law fair-representation harassment labor-law labor-union statute-of-limitations title-vii weingarten-rights whistleblower-protection I. Whether Discrimination/Duty of Fair Representation violated by the Labor International Union 269 under Title VI I42 U.S.C. 2000(e) {Goodman v. Luke…
19-7586 Sean M. Donahue v. Pennsylvania Civil Service Commission Pennsylvania 2020-02-06 Denied Response WaivedIFP administrative-law case-or-controversy civil-procedure civil-rights civil-service due-process employment-law free-speech mootness public-employment ripeness standing statutory-interpretation veterans-rights voluntary-cessation IS THE UNDERLYING CASE MOOT?
19-960 Grand Trunk Western Railroad Company v. Steven R. Lilly Michigan 2020-01-31 Denied Amici (1)Response Waived civil-procedure employment-law federal-employers-liability-act fela jury-instruction jury-instructions personal-injury preexisting-condition railroad-employee workplace-liability Whether, in a personal injury action brought by a railroad employee against his employer under the Federal Employers Liability Act (FELA), a jury must…
19-7064 Johanna Beanblossom v. Bay District Schools Florida 2019-12-26 Denied IFP amendment civil-procedure complaint-amendment due-process due-process-amendment employment-law first-amendment retaliation school-employment summary-judgment 1. Absent unfair delay or futility, does fundamental due process require that a Plaintiff be allowed to amend a complaint at least once before a Court…
19-788 Erin Daly v. Citigroup, Inc., et al. Second Circuit 2019-12-19 Denied Response Waived arbitration-agreement blacklisting dodd-frank employment-law finra-form-u-5 retaliation sarbanes-oxley sarbanes-oxley-act sec-violations whistleblower-protection 1. Whether the provisions under the Sarbanes-Oxley Act as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protect whi…
19-732 Richard Natofsky v. City of New York Second Circuit 2019-12-10 Denied ada adverse-employment-action americans-with-disabilities-act burden-of-proof burden-shifting but-for-causation causation-standard civil-rights disability-discrimination employment-discrimination employment-law mixed-motive mixed-motive-causation Whether the Americans with Disabilities Act permits employees to proceed under a mixed-motive causation standard before the burden shifts to employers…
19-726 Mallory Jones, et al. v. Ramone Lamkin, Individually and in His Official Capacity as Marshal of the Civil and Magistrate Court of Richmond County, Georgia, et al. Eleventh Circuit 2019-12-09 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) branti-finkel branti-v-finkel civil-rights confidential-employee due-process elrod-burns elrod-v-burns employment employment-law first-amendment free-speech government-policy policy-maker policymaker public-employee public-employees public-sector In determining whether or not the exception to First Amendment protections for public employees as set forth by this Court in Elrod v. Burns, 427 U.S.…
19-6794 Lakesha Smith v. St. Joseph's/Candler Health System, Inc. Eleventh Circuit 2019-12-02 Denied Relisted (2)IFP appellate-review civil-procedure civil-rights due-process employment-law judicial-interpretation statute-of-limitations statutory-definition statutory-interpretation time-bar wrongful-termination 1. If the actions of the respondent that led to my termination were "willful ", did the United States Court of Appeals Err in affirming the United Sta…
19-621 Thomas F. Sweeney v. Merit Systems Protection Board Fourth Circuit 2019-11-14 Denied Response Waived administrative-procedure adverse-personnel-action agency-decision-making air-traffic-control civil-rights due-process employment-law federal-employment merit-systems-protection-board mspb personnel-action termination The FAA is generally exempted from the Title 5 Personnel Management System, yet FAA employees MSPB Appeal rights are retained. FAA's employment policy…
19-549 Hannah P. v. Joseph Maguire, Acting Director, Office of the Director of National Intelligence Fourth Circuit 2019-10-29 Denied ada americans-with-disabilities-act civil-rights conduct conduct-based-termination disability disability-discrimination employment employment-discrimination employment-law reasonable-accommodation rehabilitation-act The question presented is whether an employment decision that is based on conduct caused by a qualified individual's disability is insulated from scru…
19-535 Patricia A. Flowers v. Connecticut Light and Power Company Second Circuit 2019-10-23 Denied Response Waived 42-usc-1981 42-usc-2000e civil-rights eeoc employment-discrimination employment-law federal-rules-of-civil-procedure racial-discrimination racial-discrimination-retaliation-claims retaliation-claim standard-of-review summary-judgment title-vii Whether Flowers proffered sufficient evidence in support of her prima facie case of racial discrimination and retaliation claims for a reasonable fact…
19-446 VF Jeanswear LP v. Equal Employment Opportunity Commission Ninth Circuit 2019-10-03 Denied Relisted (6) charge-of-discrimination discrimination-charge eeoc employment-law equal-employment-opportunity-commission investigation investigative-authority private-litigation right-to-sue title-vii 1. Whether Title VII authorizes the Equal Employment Opportunity Commission to continue investigating a charge of discrimination after the Commission …
19-269 Harold A. Flores v. Entergy Nuclear Operations, Inc. Second Circuit 2019-08-29 Denied adverse-employment-action burden-of-proof civil-rights employment-discrimination employment-law evidence prima-facie-case quantum-of-evidence retaliation summary-judgment title-vii What quantum of evidence is sufficient to survive summary judgment on a Title VII retaliation claim - here, that defendant Entergy retaliated against …
19-5594 Tina Davis v. Texas Children's Hospital Fifth Circuit 2019-08-15 Denied Response WaivedIFP administrative-law civil-procedure civil-rights constitutional-procedure due-process eeoc-rights employment-discrimination employment-law judicial-disqualification recusal standing summary-judgment ten-amendment The Court review[s],the district court 's decision granting the summary judgment under Rule 60 (b) for abuse of discretion A. The Notice of Appeal o…
19-186 Leslie Moore Mira v. Argus Media, et al. Second Circuit 2019-08-12 Denied Response Waived civil-rights discrimination employment-discrimination employment-law hostile-work-environment nonconsensual-dissemination prima-facie prima-facie-case title-vii workplace-harassment An estimated 10 million or 4% of US internet users have been threatened with or experienced the posting of explicit intimate images without their cons…
19-5541 Quianna S. Canada v. Texas Mutual Insurance Company, et al. Fifth Circuit 2019-08-09 Denied Response WaivedIFP 7th-amendment civil-procedure civil-rights constitutional-rights due-process employment-law jury-trial retaliation seventh-amendment summary-judgment title-vii 1. Can federal courts use summary judgment motions to divest the Petitioner's Seventh Amendment right to a jury trial? 2. Does general corporate know…
19-157 Eric Baggett v. Oncor Electric Delivery Company, LLC Fifth Circuit 2019-08-02 Denied Response Waived age-discrimination circuit-split civil-procedure civil-rights due-process employment employment-law federal-rules federal-rules-of-civil-procedure pleading-standard Whether the sufficiency of a pleading should be held to a heightened pleading standard requiring facts of each element of the claim when the claim is …
19-5192 Brenda Massaquoi v. American Credit Acceptance Fourth Circuit 2019-07-16 Denied IFP burden-of-proof civil-rights discrimination employment-law hostile-work-environment intentional-discrimination national-origin prima-facie-case retaliation title-vii Is a plaintiffs prima facie case of discrimination because of race, national origin and retaliation, combined with sufficient evidence for a reasonabl…
18-1541 Yassine Baouch, et al. v. Werner Enterprises, Inc., dba Werner Trucking, et al. Eighth Circuit 2019-06-13 Denied circuit-conflict employee-reimbursement employment-law fair-labor-standards-act internal-revenue-code minimum-wage per-diem per-diem-payments reimbursement wage-classification wages Under what circumstances do per diem payments to an employee constitute wages, rather than reimbursement, under section 207(e)(2) of the FLSA?
18-9628 Ella W. Horn v. CRC Health Group, Inc. Ninth Circuit 2019-06-11 Denied IFP civil-rights due-process employment-law equal-protection race-discrimination retaliation section-1981 sexual-harassment Whether the District court and Ninth Circuit violated the Fifth and Fourteenth Amendment of the due process clause for equal protection by failing to …
18-9480 Gregory Stanley Roberts v. Inservco Insurance Services Third Circuit 2019-05-30 Denied Response WaivedRelisted (2)IFP act-534 administrative-determination administrative-law agency-determination benefits-denial disability-benefits due-process employment-law injury-claim light-duty workers-compensation workplace-injury youth-development-center The petitioner was injured on three occassions while performing his duties at Bensalem Youth Developement Center. (DPW). The second injury, the agency…
18-1442 Reema Consulting Services, Inc. v. Evangeline J. Parker Fourth Circuit 2019-05-20 Denied civil-rights employment-discrimination employment-law gender-bias hostile-work-environment sex-discrimination title-vii workplace-harassment workplace-rumors The central question presented in this case is whether a false rumor, alleged to have originated out of jealousy, that a female employee received a pr…
18-1346 Dale E. Kleber v. CareFusion Corporation Seventh Circuit 2019-04-26 Denied age-discrimination circuit-split disparate-impact employment-law griggs-doctrine griggs-precedent griggs-v-duke-power hiring-practices job-applicants national-economy smith-v-city-of-jackson statutory-interpretation Does the text of section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) protect outside job applicants, as this Court held when interpreti…
18-8859 LaShunda Borden v. Cheaha Regional Mental Health Center, Inc. Eleventh Circuit 2019-04-16 Denied IFP civil-procedure civil-rights corporate-perjury criminal-procedure due-process employment-law first-amendment fraud free-speech freedom-of-speech legal-ethics perjury standing Is it Illegal for a company to commit perjury to win a lawsuit? The first Amendment gives everyone the right of freedom of speech does, not that incl…
18-1299 Marie Gillispie v. Regionalcare Hospital Partners, Inc., et al. Third Circuit 2019-04-15 Denied Response RequestedResponse WaivedRelisted (2) anti-retaliation at-will-employment circuit-court-interpretation circuit-court-ruling civil-rights common-law due-process employment-law emtala emtala-statute free-speech medical-malpractice preemption public-policy-exception retaliation statutory-interpretation supreme-court-precedent whistleblower whistleblower-protection I. Does the Precedential ruling by the 3rd Circuit Court of Appeals directly contradict United States Supreme Court precedent of Schindler Elevator Co…
18-8553 Amy M. Hicks v. Dallas County Community Colleges Fifth Circuit 2019-03-26 Denied Response WaivedIFP civil-rights discrimination due-process employment employment-discrimination employment-law free-speech labor-rights protected-activity retaliation workplace-harassment wrongful-termination Question not identified.
18-1154 Integrity Staffing Solutions, Inc., et al. v. Jesse Busk, et al. Sixth Circuit 2019-03-06 Denied Amici (1)Response RequestedRelisted (2) circuit-court circuit-split employment-law exertion fair-labor-standards-act portal-to-portal-act security-screening work work-definition The last time this case was here, the Court unanimously held that time spent by employees in post-shift security screenings is not compensable worktim…
18-1143 Ronald Lee Blake v. Federal Bureau of Investigation District of Columbia 2019-03-05 Denied Response Waived administrative-law civil-procedure civil-rights due-process employment-determination employment-law expungement federal-employment federal-law-enforcement full-faith-and-credit standing state-felony-conviction Whether the Court should resolve the following question: can federal law enforcement employment determinations be based upon a state felony conviction…
18-1089 Annette Benjamin v. Felder Services, L.L.C., dba Oxford Health and Rehab Center Fifth Circuit 2019-02-21 Denied age-discrimination burden-of-proof civil-rights direct-evidence disparate-treatment employment-act employment-discrimination employment-law poor-performance pretext summary-judgment workplace-discrimination In a case brought under the Age Discrimination in Employment Act, where a long-term, older employee is displaced by a younger employee, may a court pr…
18-1070 Village of Lincolnshire, Illinois, et al. v. International Union of Operating Engineers Local 399, et al. Seventh Circuit 2019-02-15 GVR employment-law federalism labor-relations labor-unions local-government municipal-ordinance national-labor-relations-act political-subdivision preemption right-to-work state-law statutory-interpretation union-membership Section 14(b) of the National Labor Relations Act states that nothing in the Act "shall be construed as authorizing the execution or application of ag…
18-1047 Crystal Wade v. Florida Department of Juvenile Justice Eleventh Circuit 2019-02-11 Denied Response Waived disability-discrimination employment-law indefinite-leave medical-leave prima-facie-case qualified-individual reasonable-accommodation rehabilitation-act workers-compensation Does a United States Court of Appeals ruling which affirmed the per se requirements of Wood v. Green, 323 F.3d 1309, 1314 (11th Cir, 2003), and which …
18-1011 Iveth Rodriguez Lopez v. ReadyOne Industries, Inc. Texas 2019-02-04 Denied Response Waived federal-arbitration-act interstate-commerce preemption supremacy-clause which then preempts incompatible state law - civi commerce-clause contract-interpretation employment-law federal-arbitration-act interstate-commerce preemption supremacy-clause supreme-clause texas-arbitration-act The Texas Supreme Court has held the Federal Arbitration Act (FAA) has preemptive effect over incompatible state law when the parties have agreed the …
18-857 Patrick Boyd v. Mississippi Department of Public Safety, et al. Fifth Circuit 2019-01-04 Denied Response Waived civil-rights constitutional-rights due-process employment-law first-amendment free-speech government-employment government-overreach governmental-supervision law-enforcement public-concern Whether law enforcement and governmental supervisors, by mere announcement of some collective fear, without any factual basis whatsoever, may override…
18-754 David A. Ramirez v. Walmart North Dakota 2018-12-13 Denied civil-rights discrimination due-process employee-termination employment employment-law labor labor-rights protected-activity retaliation workload-allocation workplace-dismissal Why did the Walmart lawyer tell the court that this was a protected activity? In serial dismissals, as a protected activity, do statutes allow that t…
18-657 Justin Grimsrud v. Department of Transportation Federal Circuit 2018-11-21 Denied administrative-law administrative-procedure civil-rights civil-service drug-testing due-process employment employment-law evidence property-interest property-rights Petitioner, a tenured civil servant, was terminated from his position following a positive drug test. Insisting he had never used illegal drugs and th…
18-312 David R. Smith v. Tennessee National Guard Tennessee 2018-09-11 Denied Response Waived civil-procedure civil-rights constitutional-interpretation employment employment-law preemption reemployment-rights state-law statute-of-limitations supremacy-clause time-limitation title-38-usc-4301 uniformed-services-reserve-reemployment-act userra-act Does a state law that sets a time limit on when an action may be filed under the Uniformed Services Reserve Reemployment Act, Title 38 U.S.C. §§ 4301,…
18-272 Jim Yovino, Fresno County Superintendent of Schools v. Aileen Rizo Ninth Circuit 2018-09-04 Judgment Issued Amici (2)Relisted (6) circuit-split civil-rights compensation due-process employment employment-law equal-pay-act factor-other-than-sex gender-discrimination prior-salary sex-discrimination wage-differential 1. The Equal Pay Act permits employers to pay men and women different wages for the same work "where such payment is made pursuant to (i) a seniority …
18-193 John Cannici v. Village of Melrose Park, Illinois, et al. Seventh Circuit 2018-08-14 Denied Response Waived due-process employment-context employment-law equal-protection government-procedure municipal-ordinance property-rights random-and-unauthorized state-procedure 1. Whether the Due Process Clause requires a government agency to provide due process before depriving a citizen of his property where the deprivation…
18-122 Michael Sinegal v. Dawn Polk Fifth Circuit 2018-07-27 Denied Response RequestedRelisted (2) 1st-amendment circuit-split civil-rights constitutional-rights due-process employment-law employment-retaliation first-amendment free-speech political-candidacy qualified-immunity standing County Commissioner Michael Sinegal terminated Dawn Polk for being a bad employee. The terminationoccurred after she had unsuccessfully run for office…
18-94 Augusta Thomas, Jr. v. Delmarva Power & Light Company Fourth Circuit 2018-07-20 Denied Response Waived burden-shifting civil-rights due-process employment employment-discrimination employment-law mixed-motive race-discrimination summary-judgment title-vii 1. Whether the McDonnell Douglas burden-shifting framework should be applied at the summary judgment stage of a mixed-motive Title VII race discrimina…