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Richard Natofsky v. City of New York

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-2757 · judgment April 18, 2019


Certiorari denied · April 20, 2020
Pre-decision estimate: 3% cert probability

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

Question presented

Whether the Americans with Disabilities Act permits employees to proceed under a mixed-motive causation standard before the burden shifts to employers to ultimately prove that a non-disability based reason was the but-for cause of the adverse employment action.

Counsel of record

For petitioner
Michael L. Foreman
Penn State Law - Civil Rights Appellate Clinic

For respondent
Richard Paul Dearing
City of New York

Case

Conference history
Distributed for 1 conference

Linked docket
19A349

Proceedings

  1. Apr 20 2020
    Petition DENIED.
  2. Mar 25 2020
    DISTRIBUTED for Conference of 4/17/2020.
  3. Mar 20 2020
    Reply of petitioner Richard Natofsky filed.
  4. Mar 05 2020
    Brief of respondent City of New York in opposition filed.
  5. Jan 03 2020
    Motion to extend the time to file a response is granted and the time is extended to and including March 5, 2020.
  6. Dec 30 2019
    Motion to extend the time to file a response from January 9, 2020, to March 5, 2020, submitted to The Clerk.
  7. Dec 06 2019
    Petition for a writ of certiorari filed. (Response due January 9, 2020)
  8. Sep 30 2019
    Application (19A349) granted by Justice Ginsburg extending the time to file until December 6, 2019.
  9. Sep 25 2019
    Application (19A349) to extend the time to file a petition for a writ of certiorari from October 7, 2019 to December 6, 2019, submitted to Justice Ginsburg.