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David D. Peterson v. Linear Controls, Inc.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30790 · judgment February 6, 2019

Dismissed · July 10, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

Section 703(a)(1) of Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual” with respect to “compensation, terms, conditions, or privileges of employment” because of the individual’s race, religion, sex, or other protected status. 42 U.S.C. § 2000e-2(a)(1). The question presented is: Are the “terms, conditions, or privileges of employment” covered by Section 703(a)(1) limited only to hiring, firing, promotions, compensation, and leave?

Counsel of record

For petitioner
Pamela Susan Karlan
Stanford Law School Supreme Court Litigation Clini

For respondent
William S. Helfand
Lewis, Brisbois, Bisgaard & Smith

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Jul 10 2020
    Petition Dismissed - Rule 46.
  2. Jul 07 2020
    Motion to dismiss pursuant Rule 46 filed by petitioner David D. Peterson.
  3. Jun 08 2020
    Joint motion to defer consideration of the petition for a writ of certiorari GRANTED.
  4. May 28 2020
    Joint motion to defer consideration of the petition for a writ of certiorari filed. (Distributed)
  5. May 19 2020
    DISTRIBUTED for Conference of 6/4/2020.
  6. May 19 2020
    Supplemental brief of respondent Linear Controls Inc. filed. (Distributed)
  7. Apr 06 2020
    Motion to delay distribution of the petition for a writ certiorari until May 19, 2020, granted.
  8. Apr 03 2020
    Motion of respondent to delay distribution of the petition for a writ of certiorari from April 8, 2020 to May 19, 2020, submitted to The Clerk.
  9. Mar 20 2020
    Brief amicus curiae of United States filed.
  10. Oct 15 2019
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  11. Sep 25 2019
    DISTRIBUTED for Conference of 10/11/2019.
  12. Sep 25 2019
    Reply of petitioner David D. Peterson filed. (Distributed)
  13. Sep 10 2019
    Brief of respondent Linear Controls Inc. in opposition filed.
  14. Jul 18 2019
    Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2019.
  15. Jul 15 2019
    Motion to extend the time to file a response from August 5, 2019 to September 10, 2019, submitted to The Clerk.
  16. Jul 05 2019
    Response Requested. (Due August 5, 2019)
  17. Jun 12 2019
    DISTRIBUTED for Conference of 10/1/2019.
  18. Jun 06 2019
    Brief amici curiae of Brian Wolfman, Aderson Francois, Eric Schnapper filed.
  19. May 31 2019
    Waiver of right of respondent Linear Controls Inc. to respond filed.
  20. May 07 2019
    Petition for a writ of certiorari filed. (Response due June 6, 2019)