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Midwest Machining, Inc. v. Jena McClellan

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-1992 · judgment August 16, 2018

Certiorari denied · June 10, 2019
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 a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Questions presented

  1. Whether the common-law tender-back rule applies to Title VII and Equal Pay Act claims.

  2. Whether state law (as opposed to federal common law) determines the applicability of the tenderback rule for Title VII and Equal Pay Act claims.

Counsel of record

For petitioner
Gregory N Longworth
Clark Hill PLC

For respondent
William F. Piper II
William F. Piper, PLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 10 2019
    Petition DENIED.
  2. May 21 2019
    DISTRIBUTED for Conference of 6/6/2019.
  3. May 06 2019
    Brief of respondent Jena McClellan in opposition filed.
  4. Mar 12 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including May 6, 2019.
  5. Mar 08 2019
    Motion to extend the time to file a response from March 21, 2019 to May 6, 2019, submitted to The Clerk.
  6. Feb 08 2019
    Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk.
  7. Feb 08 2019
    Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2019.
  8. Jan 10 2019
    Petition for a writ of certiorari filed. (Response due February 19, 2019)