Supreme Court of the United States · Official docket →
Tate Clark v. Southwest Airlines Company
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-51026 · judgment April 18, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
It is well settled law that the evidence in support or opposition of a summary judgment motion and the factual inferences drawn therefrom are to be viewed by a court in the light most favorable to the party opposing the motion. Matsushita Electric Industrial Co., Ltd, et al. v. Zenith Radio Corp. et al., 475 U.S. 574, 587 (1986). Anderson v. Liberty Lobby, Inc., 477 U. S. 242, 255 (1986). At the summary judgment stage the judge's function is not to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial. Id. at 249. Therefore the question presented is whether the District Court and Court of Appeals failed to view the evidence presented in conjunction with Respondent’s motion for summary judgment in the light most favorable to Petitioner and weighed the evidence.
Counsel of record
For petitioner
John Foster Melton
The Melton Law Firm, PLLC
For respondent
Bruce A. Griggs
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 13 2018Petition DENIED.
- Oct 24 2018DISTRIBUTED for Conference of 11/9/2018.
- Oct 17 2018Waiver of right of respondent Southwest Airlines Company to respond filed.
- Sep 18 2018Notice of Substitution of Counsel of Record of Tate Clark not accepted for filing. (October 10, 2018) (Document not of the type that is to be filed electronically)
- Jul 17 2018Petition for a writ of certiorari filed. (Response due October 18, 2018)