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Young H. Kim v. Hospira, Inc.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-50562 · judgment January 12, 2018


Certiorari denied · June 11, 2018
Pre-decision estimate: 2% cert probability

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

Question presented

Whether the standard for review of discrimination claims on summary judgment set forth in this Court's decision in Adickes ii. S. H. Kress & Co.,398 U.S. 144 (1970), i.e., that the Seventh Amendment does not permit "substituting trial by affidavit and the sterile bareness of summary judgment" remains the standard in employment discrimination litigation. Whether petitioner was denied his Seventh Amendment right to a jury trial. Whether petitioner established a prima facie case of discrimination and that Hospira's reasons for his terminations were pretextual.

Counsel of record

For petitioner

For respondent
Julie C. Tower
Jackson Lewis, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 11 2018
    Petition DENIED.
  2. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  3. May 11 2018
    Waiver of right of respondent Hospira Inc. to respond filed.
  4. Apr 10 2018
    Petition for a writ of certiorari filed. (Response due May 14, 2018)