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Earnest Durant v. District of Columbia

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 13-7060 · judgment November 17, 2017


Certiorari denied · June 4, 2018
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a petition citing one or two dissents, and down for a state or local-government respondent.

Questions presented

  1. In light of the fractured decision in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), and the conflicting Circuit approaches regarding summary-judgment practice that it has generated, what is a movant’s burden of production to obtain summary judgment pursuant to Fed. R. Civ. P. 56 when the movant does not bear the burden of proof on the merits of a claim?

  2. For purposes of defeating a summary-judgment motion on a retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a), is a showing of temporal proximity between an employee’s protected conduct (such as the filing of a lawsuit against an employer) and an employer’s adverse employment decision (such as terminating the employee’s job) sufficient to create a genuine issue that any proffered legitimate reasons by the employer for the adverse employment decision are a “pretext” for retaliation?

Counsel of record

For petitioner
Anthony F. Shelley
Miller & Chevalier Chartered

For respondent
Loren L. AliKhan
D.C. Office of the Attorney General

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, June 4, 2018 · Certiorari denied

Proceedings

  1. Jun 04 2018
    Petition DENIED.
  2. May 15 2018
    DISTRIBUTED for Conference of 5/31/2018.
  3. May 08 2018
    Waiver of right of respondent District of Columbia Government to respond filed.
  4. Apr 09 2018
    Petition for a writ of certiorari filed. (Response due May 9, 2018)