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Bernard T. Canete v. Barnabas Health System, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-1034 · judgment April 11, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Third Circuit decision below and a petition filed soon after the judgment below.

Questions presented

  1. Whether there was engagement in abuse of discretion and misapplication of the summary judgment standard at the District Court which was adopted by the Third Circuit Court of Appeals?

  2. Whether the Court disregarded Petitioner’s prima facie case of age discrimination in violation of the Age Discrimination in Employment Act and the New Jersey Law Against Discrimination?

  3. Whether the Court ignored the Respondent’s failure to establish a legitimate business reason which then supported an inference of age discrimination?

  4. Whether the Court ignored the Petitioner’s prima facie case of race and national origin discrimination in violation of the United States Civil Rights Act of 1964, Title VII and the New Jersey Law Against Discrimination?

  5. Whether the Court ignored the Petitioner’s prima facie case of discrimination based on military status which violated USERRA and the New Jersey Law Against Discrimination?

Counsel of record

For petitioner
Luretha Maxwell Stribling
Luretha M. Stribling LLC

For respondent
Lisa Barre-Quick
Apruzzese, McDermott, Mastro & Murphy, P.C.

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 1, 2018 · Certiorari denied

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 22 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 31 2018
    Waiver of right of respondents Newark Beth Israel Medical Center, Barnabas Health, Inc., John Brennan, M.D., Zachary Lipner, Maryellen Wiggins and Helen Hartney to respond filed.
  4. Jul 10 2018
    Petition for a writ of certiorari filed. (Response due August 13, 2018)