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Annette Benjamin v. Felder Services, L.L.C., dba Oxford Health and Rehab Center

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-60662 · judgment November 20, 2018

Certiorari denied · April 29, 2019
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

In a case brought under the Age Discrimination in Employment Act, where a long-term, older employee is displaced by a younger employee, may a court properly grant summary judgment by accepting as true the employer’s disputed claim that the plaintiff was a poor performer, and that the alleged poor performance, not age, was the reason for the firing?

Counsel of record

For petitioner
Jim Waide

For respondent
James Tucker Mitchell
Mitchell Day Law Firm, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 29 2019
    Petition DENIED.
  2. Apr 10 2019
    DISTRIBUTED for Conference of 4/26/2019.
  3. Mar 22 2019
    Brief of respondent Felder Services, L.L.C. in opposition filed.
  4. Feb 18 2019
    Petition for a writ of certiorari filed. (Response due March 25, 2019)