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R&R Ground Maintenance Inc. v. Alabama Power Company, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-16788 · judgment October 30, 2017

Certiorari denied · April 16, 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.

Questions presented

  1. At summary judgment was R&R Ground Maintenance’s legal action alleging race discrimination held to a higher burden of proof than allowed by Federal Rule of Procedure 56 and 7th Amendment to the Constitution?

  2. Should the McDonnell Douglas Corp. v. Green, 411 U.S. 792, (1973) burden shifting paradigm remain a part of the summary judgment analysis?

Counsel of record

For petitioner
Lee David Winston
Winston Cooks, LLC

For respondent
Chase Tristian Espy
Balch & Bingham LLP

Case

Conference history
Distributed for 1 conference

Linked docket
17A843

Proceedings

  1. Apr 16 2018
    Petition DENIED.
  2. Mar 21 2018
    DISTRIBUTED for Conference of 4/13/2018.
  3. Mar 15 2018
    Waiver of right of respondents Alabama Power Company, et al. to respond filed.
  4. Feb 27 2018
    Petition for a writ of certiorari filed. (Response due April 5, 2018)
  5. Feb 09 2018
    Application (17A843) granted by Justice Thomas extending the time to file until February 27, 2018.
  6. Jan 26 2018
    Application (17A843) to extend the time to file a petition for a writ of certiorari from January 28, 2018 to February 27, 2018, submitted to Justice Thomas.
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