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Keith Fernandez v. The Wharton School of the University of Pennsylvania, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 20-2218 · judgment November 3, 2020


Certiorari denied · May 17, 2021
Pre-decision estimate: 0% cert probability

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

Question presented

Petitioner is a graduate of Harvard College with an Honorary Degree in Economics and Wharton Business School with his M.B.A. in Finance. He filed Suit against Wharton Business School in 2019 in the Eastern District of Pennsylvania for Breach of Contract and Ethnicity Discrimination related to the awarding of the Academic Excellence Fellowship for 2018. This Fellowship is awarded to the student or students with the highest cumulative GPA during their second and third semesters of the MBA program. During the awarding of the Fellowship, the Petitioner became suspicious of the behavior of Wharton Administrators. They told the Petitioner in an email that two students had a .01 higher GPA and that he would not be receiving the Fellowship. They intentionally stained the Petitioner, were acting evasively and refused to provide the Petitioner with corroborating information or further detail on the awarding of the Fellowship. The Petitioner later became aware, through informal discovery on the two winning recipients, that Wharton administrators were lying and covering up defrauding the Petitioner by awarding the Valedictorian Scholarship to a student or students with the same and/or lower GPAs than the Petitioner.

Counsel of record

For petitioner
Keith Fernandez

For respondent
James Andrew Keller
Saul Ewing Arnstein & Lehr

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 17 2021
    Petition DENIED.
  2. Apr 27 2021
    DISTRIBUTED for Conference of 5/13/2021.
  3. Apr 22 2021
    Waiver of right of respondent Wharton School, et al. to respond filed.
  4. Mar 30 2021
    Petition for a writ of certiorari filed. (Response due May 7, 2021)