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Michael J. Murray v. Mayo Clinic, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-16803 · judgment August 20, 2019


Certiorari denied · April 27, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

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

Question presented

The Americans with Disabilities Act (ADA) forbids discrimination “on the basis of ” disability, but does not specifically set forth the standard to be applied in determining causation. Is the “motivating factor” standard most consistent with the plain language and purposes of the statute, and Congressional intent, and therefore the appropriate standard to be applied under the ADA?

Counsel of record

For petitioner
Kathi M. Sandweiss
Jaburg & Wilk, P.C.

For respondent
Andrew Martin Jacobs
Snell & Wilmer LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 27 2020
    Petition DENIED.
  2. Apr 08 2020
    DISTRIBUTED for Conference of 4/24/2020.
  3. Apr 01 2020
    Reply of petitioner Michael J. Murray filed.
  4. Mar 25 2020
    Motion to delay distribution of the petition for a writ certiorari until April 8, 2020, granted.
  5. Mar 23 2020
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from March 25, 2020 to April 8, 2020, submitted to The Clerk.
  6. Mar 10 2020
    Brief of respondents Mayo Clinic, et al. in opposition filed.
  7. Feb 03 2020
    Petition for a writ of certiorari filed. (Response due March 11, 2020)