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Regena Bryant v. UnitedHealth Group, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-56029 · judgment December 4, 2018


Certiorari denied · April 22, 2019
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

This case is a Non-Mixed Motive and Non-Pretext Title VII employment discrimination suit. The exclusive focus in this case is the sort of showing a Title VII employer-defendant must make to rebut a prima fade case of discrimination in order to avoid an entry of judgment as a matter of law in plaintiffs favor. For nearly 46 years, the opinion of this Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), established an allocation of the burden of production and an order for the presentation of proof in Title VII discriminatory treatment cases.—under the McDonnell Douglas scheme, "[e]stablishment of the prima fade case in effect creates a presumption that the employer unlawfully discriminated against the employee." Burdine, supra, at 254—The McDonnell Douglas presumption places upon the defendant the burden of producing an explanation to rebut the prima facie case--Le., the burden of "producing evidence" that the adverse employment actions were taken "for a legitimate, nondiscriminatory reason." Burdine, 450 U. 5., at 254. Here in this particular case, the District Court found that Respondents failed to rebut the presumption set forth in the Petitioner's prima facie case and she was entitled to judgment as a matter of law. Nevertheless, the District Court did not enter judgment for Petitioner and instead took her case to an illegal jury trial and dismissed the case. Below are the District Court's actual findings at summary judgment: (verbatim) (Pet.App. C,7a-9a)

Counsel of record

For petitioner
Regena Bryant

For respondent
Michael S. Kalt
Wilson Turner Kosmo, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 22 2019
    Petition DENIED.
  2. Apr 02 2019
    DISTRIBUTED for Conference of 4/18/2019.
  3. Mar 15 2019
    Waiver of right of respondents United Health Group, et al. to respond filed.
  4. Feb 05 2019
    Petition for a writ of certiorari filed. (Response due April 8, 2019)