Supreme Court Report

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Xiao-Ying Yu v. Robert R. Neall, Secretary, Maryland Department of Health, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-1889 · judgment January 24, 2019


Certiorari denied · October 21, 2019
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether the lower courts’ refusal to consider EEOC’s right-to-sue letter (attached to Petitioner’s response) and her statements as part of pleadings, and her request and leave for amendment with this letter and new evidence, thereby affirming district courts’ dismissal for genuine reason “lack of subjectmatter jurisdiction” without jury and hearing, impacts this Court’s jurisdiction to decide this case.

  2. Does the application of Congress’ abrogation of 11th Amendment immunity and Section 504 of Rehabilitation Act, 29 U.S.C.§794 have limits on federal funding-supported public service employees’ civil actions in response to termination of their employment without mitigation as retaliation against their pre-EEOC’s ADA, Title VII and ADEA charges and seniority system in the U.S. district and appellate courts?

  3. Whether damages can be awarded under Title VII, ADA, 42 U.S. Code §12202&12203, 29 U.S.C.§794 when there is failure to prove employers’ prior-mitigation of termination of employment under 14th Amendment U.S.C., and if so, whether there is an exception to federal diversity jurisdiction.

  4. Whether the U.S. court of appeals’ denial of Petitioner’s right to dispute genuine facts by using local rules amounts to a violation of Petitioner’s rights to the two clauses of 14th Amendment to U.S.CONST., and can be supervised by this Court.

Counsel of record

For petitioner
Xiao-Ying Yu

For respondent
James N. Lewis
Maryland Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Linked docket
18A1280, 19A556

Proceedings

  1. Dec 09 2019
    Rehearing DENIED.
  2. Nov 20 2019
    DISTRIBUTED for Conference of 12/6/2019.
  3. Nov 19 2019
    Application (19A556) denied by The Chief Justice.
  4. Nov 14 2019
    Petition for Rehearing filed.
  5. Nov 04 2019
    Application (19A556) to suspend the effect of the denial of the petition for a writ of certiorari, submitted to The Chief Justice.
  6. Oct 21 2019
    Petition DENIED.
  7. Oct 14 2019
    Blanket Consent filed by Petitioner, Xiao-Ying Yu
  8. Oct 02 2019
    DISTRIBUTED for Conference of 10/18/2019.
  9. Sep 20 2019
    Supplemental brief of petitioner Xiao-Ying Yu filed.
  10. Aug 31 2019
    Waiver of right of respondents Robert R. Neall, et al. to respond filed.
  11. Aug 23 2019
    Petition for a writ of certiorari filed. (Response due September 27, 2019)
  12. Jun 10 2019
    Application (18A1280) granted by The Chief Justice extending the time to file until August 23, 2019.
  13. Jun 05 2019
    Application (18A1280) to extend the time to file a petition for a writ of certiorari from June 24, 2019 to August 23, 2019, submitted to The Chief Justice.