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JoAnn Hatch v. Megan J. Brennan, Postmaster General, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-35217 · judgment April 27, 2018


Certiorari denied · December 3, 2018
Pre-decision estimate: 3% cert probability

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

Questions presented

A divided Panel of the Ninth Circuit below affirmed a trial court order granting summary judgment dismissing Hatch’s claims for disability discrimination under 29 U.S.C. § 791 and 42 U.S.C. § 12112. The panel majority ignored Hatch’s declaration testimony concerning a meeting with her supervisor, instead drawing inferences favoring the Postal Service from two letters in the summary judgment record. The first question presented is:

  1. On a motion for summary judgment, whether the trial court may disregard or ignore a party’s sworn testimony concerning a material historical fact based upon contradictory inferences arising from unsworn evidence in the summary judgment record. The Ninth Circuit Panel also affirmed a trial court order granting summary judgment dismissing Hatch’s claims for failure to provide reasonable accommodation under 29 U.S.C. § 791 and 42 U.S.C. § 12112. The Panel found that the Postal Service articulated a nondiscriminatory explanation for Hatch’s treatment, that a collective bargaining agreement required certain jobs be given to employees with greater seniority – and that Hatch failed to show the Postal Service explanation was pretextual. The second question presented is:

  2. Under US Airways v. Barnett, 535 U.S. 391 (2000), to show that a proposed accommodation is ordinarily unreasonable, does the employer bear the burden of proving the accommodation would violate the rules of a seniority system or is the employer’s burden simply one of articulating a non-discriminatory reason.

Counsel of record

For petitioner
Stephen L. Brischetto
Law Offices of Stephen L. Brischetto

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 03 2018
    Petition DENIED.
  2. Nov 07 2018
    DISTRIBUTED for Conference of 11/30/2018.
  3. Nov 02 2018
    Waiver of right of respondent United States Postal Service, et al. to respond filed.
  4. Sep 28 2018
    Petition for a writ of certiorari filed. (Response due November 2, 2018)