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