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Patricia A. Flowers v. Connecticut Light and Power Company

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-2415 · judgment May 29, 2019


Certiorari denied · November 18, 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 Flowers proffered sufficient evidence in support of her prima facie case of racial discrimination and retaliation claims for a reasonable factfinder to reject Connecticut Light and Power Company’s, aka Northeast Utilities’, aka Eversource Energy’s nondiscriminatory explanation for its decisions, adequate to sustain a finding of liability for intentional discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq, and 42 U.S. Code § 1981.

  2. Whether the Second Circuit Court of Appeals, as a matter of law, used the correct standard of review in its’ review of the District Court’s summary judgement decision.

  3. Whether the Second Circuit Court of Appeals, as a matter of law, violated Rule 56(A) of the Federal Rules of Civil Procedure and sanctioned the District Court’s violation of Rule 56(A) of the Federal Rules of Civil Procedure.

  4. Whether the Second Circuit Court of Appeals (Second Circuit)should have allowed Flowers to amend her pleadings to add a retaliation claim that grew out of her racial discrimination complaint filed with the Equal Employment Opportunity Commission.

Counsel of record

For petitioner
Patricia A. Flowers

For respondent
Honor Southard Heath
Eversource Energy Legal Department

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 18 2019
    Petition DENIED.
  2. Oct 30 2019
    DISTRIBUTED for Conference of 11/15/2019.
  3. Oct 24 2019
    Waiver of right of respondent Connecticut Light and Power Company to respond filed.
  4. Oct 15 2019
    Petition for a writ of certiorari filed. (Response due November 22, 2019)