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Michelle L. McGuirk v. Swiss Re Financial Services Corp., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-2542 · judgment October 26, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

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

Question presented

R14.1(A) Do State administrative agencies have authority to adjudicate Federal laws when they do not comply with Federal rules of evidence or procedure? If so, do State agencies have jurisdiction for claims arising in Federal laws if party, or related entity, is regulated by the State? Did District and Circuit Courts deferral to agency orders violate Due Process or Equal Protections? If U.S. District Courts did not comply with Due Process or Supremacy Clause by misapplying rule of law, precedent or procedure on hostile work claims per Title VII (ADA, Privacy Rules, GNA see Statutes) are they allowed to shift job burdens to Circuit Courts? If so, does 'stepping into shoes' of a party merit independent review of breached protocols, conflicts or compliance-reporting? Does gender-hate speech on employer premises violate First Amendment or §5 of Fourteenth if it involves threats? If so, does VAWA grant mechanism for statutory relief on inference of compelling State interest in workplace safety? If not, should it apply to acts in agency proceedings? If Health Insurance Portability and Accountability Act and Privacy Rule do not prohibit individual right of action among private parties is true, then is it reasonable to use fines for covered entities as victim recourse? Can privacy theft give rise to Title VII hostile claim post-firing? Which forum is proper?

Counsel of record

For petitioner
Michelle L. McGuirk

For respondent
William P. Perkins
Seyfarth Shaw, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 11 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jun 15 2018
    Waiver of right of respondents Swiss Re Financial Srvcs., et al. to respond filed.
  4. Mar 20 2018
    Petition for a writ of certiorari filed. (Response due July 5, 2018)