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Dale E. Kleber v. CareFusion Corporation
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-1206 · judgment January 23, 2019
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a business respondent.
Question presented
Does the text of section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) protect outside job applicants, as this Court held when interpreting language identical to section 4(a)(2) in Griggs v. Duke Power Company, 401 U.S. 424 (1971), or does section 4(a)(2) unambiguously apply only to incumbent employees applying for transfers and promotions, as the majority of a divided en banc Seventh Circuit held below?
Counsel of record
For petitioner
Laurie A. McCann
AARP Foundation Litigation
For respondent
David Lawrence Schenberg
Ogletree, Deakins, Nash, Smoak & Stewart, PC
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2019Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Jul 17 2019DISTRIBUTED for Conference of 10/1/2019.
- Jul 16 2019Reply of petitioner Dale E. Kleber filed. (Distributed)
- Jul 03 2019Motion of Dale E. Kleber for an extension of time not accepted for filing. (July 03, 2019)
- Jun 27 2019Brief of CareFusion Corporation in opposition not accepted for filing. (June 27, 2019) (Corrected efiling submitted)
- Jun 27 2019Brief of respondent CareFusion Corporation in opposition filed.
- May 06 2019Motion to extend the time to file a response is granted and the time is extended to and including June 27, 2019.
- May 02 2019Motion to extend the time to file a response from May 28, 2019 to June 27, 2019, submitted to The Clerk.
- Apr 23 2019Petition for a writ of certiorari filed. (Response due May 28, 2019)