Supreme Court of the United States · Official docket →

Mark Silguero, et al. v. CSL Plasma, Incorporated

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-41206 · judgment August 9, 2019

Certiorari denied · February 24, 2020

Pre-decision estimate: 10% cert probability (95% interval 7%–14%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Title III of the Americans with Disabilities Act bars disability discrimination by any covered “place of public accommodation.” 42 U.S.C. § 12182(a). The Third Circuit and the Tenth Circuit have held that a plasma donation center is such a “place of public accommodation,” and, therefore, may not discriminate on the basis of disability. The Fifth Circuit, however, has held that a plasma donation center is not a “place of public accommodation.” The question presented is: Is a plasma donation center a “place of public accommodation” subject to the requirements of Title III of the Americans with Disabilities Act?

Counsel of record

For petitioner
Sasha Minh Samberg-Champion
Relman Colfax PLLC

For respondent
Bruce J. Douglas
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

Feb 24 2020
Petition DENIED.
Feb 05 2020
DISTRIBUTED for Conference of 2/21/2020.
Feb 04 2020
Reply of petitioners Mark Silguero, et al. filed.
Jan 22 2020
Brief of respondent CSL Plasma, Inc. in opposition filed.
Dec 23 2019
Response Requested. (Due January 22, 2020)
Dec 18 2019
DISTRIBUTED for Conference of 1/10/2020.
Dec 09 2019
Brief amici curiae of Current and Former Members of Congress filed.
Dec 09 2019
Waiver of right of respondent CSL Plasma, Inc. to respond filed.
Nov 07 2019
Petition for a writ of certiorari filed. (Response due December 9, 2019)