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Patricia A. Torre v. Northrop Grumman Systems Corp.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-4143 · judgment September 12, 2017


Certiorari denied · April 2, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the District Court (and the Eighth Circuit) erred by selecting three instances of explicit sexual conduct as an insufficient basis to support a hostile work environment claim when the former employee provided extensive evidence of non-sexual conduct as the basis for her claim. Whether the District Court (and the Eighth Circuit) ignored principles of stare decision and established a new test for retaliation, when it found no evidence of “comparators” rather than applying the correct “but for” analysis. Whether the District Court (and the Eighth Circuit) failed to adhere to well-established principles of summary judgment analysis by failing to view the facts in a light most favorable to Torre, as the non-moving party.

Counsel of record

For petitioner
Terry Ann White
Carlson & Burnett

For respondent
A.Stevenson Bogue II
McGrath, North, Mullin, et al.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 02 2018
    Petition DENIED.
  2. Mar 13 2018
    DISTRIBUTED for Conference of 3/29/2018.
  3. Dec 11 2017
    Petition for a writ of certiorari filed. (Response due February 26, 2018)