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Manhua Mandy Lin v. Rohm and Haas Company, dba Dow Advanced Materials

Paid petition · United States Court of Appeals for the Third Circuit, No. 16-1887 · judgment April 14, 2017


Certiorari denied · February 20, 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.

Questions presented

The questions presented in this petition are:

  1. Should a party be estopped from defending or prevailing in a Title VII retaliation action on the basis of perjury or other fraudulent evidences, a standard enforced by the Fifth, Seventh, Eighth, Ninth and Tenth Circuits, but not enforced in the DC, First and Third Circuits?

  2. The standard of but-for causation established by this Court in University of Texas Southwestern Med. Ctr. v. Nassar, 133 S.Ct. 2517 (2013), permits an employer to escape from liability in a Title VII retaliation action if it advances a legitimate reason for its adverse actions against an employee. Should an employer who fails to advance any legitimate reason for any crucial adverse action be permitted to escape from liability by falsely denying that it took the adverse action?

Counsel of record

For petitioner
Manhua Mandy Lin

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
17A42

Proceedings

  1. Feb 20 2018
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
  2. Jan 17 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Nov 13 2017
    Petition for a writ of certiorari filed. (Response due December 29, 2017)
  4. Jul 10 2017
    Application (17A42) granted by Justice Alito extending the time to file until November 10, 2017.
  5. Jul 03 2017
    Application (17A42) to extend the time to file a petition for a writ of certiorari from September 11, 2017 to November 10, 2017, submitted to Justice Alito.