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Ramonica M. Luke v. University Health Services, Inc.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-13788 · judgment January 28, 2021

Certiorari denied · June 21, 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.

Questions presented

Applicable to the Title VII of the Civil Rights of 1964 or 42 U.S.C, 1981, did Plaintiff prove pretext by discrimination by showing “weakness, implausibilities, inconsistencies, incoherencies or contradictions in the employer’s proffered legitimate reason for its action”?
Circuit Courts are in conflict with the phrase “similarly situated” and the stage of McDonnell Douglas comparator evidence should be analyzed. Applicable to Supreme Court precedent, what is the proper standard to apply to similarly situated comparators: “nearly identical’ standard, “all material respects” standard or some other standard?
When there is evidence of “comparable seriousness,” does the Honest Belief Rule apply to comparator evidence at the tertiary stage of McDonnell Douglas framework?
Are Courts allowed to use untested or inadmissible evidence at the second stage of McDonnell Douglas framework?

For petitioner
Ramonica M. Luke

For respondent
Steven B. Katz
Constangy, Brooks, smith & Prophete LLP

Conference history
Distributed for 1 conference

Jun 21 2021
Petition DENIED.
Jun 01 2021
DISTRIBUTED for Conference of 6/17/2021.
May 24 2021
Waiver of right of respondent University Health Services, Inc. to respond filed.
May 04 2021
Petition for a writ of certiorari filed. (Response due June 21, 2021)