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Adonia K. Smith v. Loudoun County Public Schools

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 16-2435 · judgment March 1, 2018

Certiorari denied · October 1, 2018

Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a petition filed soon after the judgment below.

Questions presented

Does the “motivating factor” test of Price Waterhouse v. Hopkins, 490 U.S. 228 (1989) as codified in Title VII apply to petitioner’s “mixed motive” claim of unlawful discharge under the Americans with Disabilities Act?
Should this Court resolve the split of authority among the Circuits about whether a mixed motive plaintiff seeking relief under the ADA for wrongful discharge must prove but-for causation or may prove causation by showing only that discriminatory animus“played a motivating part” in her termination?

Counsel of record

For petitioner
Dennis P. Derrick

For respondent
Julia Bougie Judkins
Bancroft, McGavin, Horvath & Judkins, PC

Case

Conference history
Distributed for 1 conference

Linked docket
17A1355

Proceedings

Oct 01 2018
Petition DENIED.
Aug 15 2018
DISTRIBUTED for Conference of 9/24/2018.
Jul 26 2018
Brief of respondent Loudon County Public Schools in opposition filed.
Jun 22 2018
Petition for a writ of certiorari filed. (Response due July 26, 2018)
Jun 11 2018
Application (17A1355) granted by The Chief Justice extending the time to file until August 24, 2018.
Jun 01 2018
Application (17A1355) to extend the time to file a petition for a writ of certiorari from June 25, 2018 to August 24, 2018, submitted to The Chief Justice.
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