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Terry Haynie v. United Airlines, Inc.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-2109, 17-2124 · judgment October 19, 2018


Certiorari denied · April 15, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the court below erroneously applied Nat’l R.R. Passenger Corp. v. Morgan when it considered each incident of harassment as a single, discrete incident instead of an ongoing pattern of conduct establishing a hostile work environment in direct contradiction to this Court’s ruling in Morgan.

  2. Whether the court below erroneously held that Haynie’s claims for retaliation, retaliatory hostile work environment, and constructive discharge pursuant to United’s Motion to Dismiss, despite the fact that they were filed timely.

  3. Whether the District Court erred in granting United’s motion for summary judgment despite the existence of disputed issues of material fact and uncontroverted evidence that the Petitioner complained of the hostile environment and the Respondent failed to investigate.

Counsel of record

For petitioner
James Leonard Brown
Suite 1540

For respondent
Donna Marie D'Angelo Melby
Paul Hastings LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 15 2019
    Petition DENIED.
  2. Mar 27 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Mar 21 2019
    Waiver of right of respondent United Air Lines, Inc. to respond filed.
  4. Mar 15 2019
    Petition for a writ of certiorari filed. (Response due April 15, 2019)