Supreme Court of the United States · Official docket →
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
Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before, and down for a business respondent.
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
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, April 29, 2019 · Certiorari denied
Proceedings
- Apr 29 2019Petition DENIED.
- Apr 10 2019DISTRIBUTED for Conference of 4/26/2019.
- Mar 22 2019Brief of respondent Felder Services, L.L.C. in opposition filed.
- Feb 18 2019Petition for a writ of certiorari filed. (Response due March 25, 2019)