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Jennifer Paskert v. Kemna-ASA Auto Plaza, Inc., dba Auto Smart of Spirit Lake, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-3623 · judgment February 13, 2020

Certiorari denied · December 7, 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

Under Harris v. Forklift Systems, Inc., sexual harassment is unlawful under Title VII, inter alia, if the harassment created an objectively hostile work environment. The question presented is: Assuming the other elements of a Title VII claim are present, is sexual harassment

  1. unlawful if a reasonable person would conclude, in light of all the circumstances, that the harassment created a hostile environment, the rule in most circuits, or

  2. unlawful only if the harassment is “more egregious” than the worst harassment ever held lawful in any prior decision in the relevant court of appeals, the rule in the Eighth and Fifth Circuits?

Counsel of record

For petitioner
Eric Schnapper
Univ. of Washington School of Law

For respondent
Bret Alan Dublinske
Fredrikson & Byron, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 07 2020
    Petition DENIED.
  2. Nov 12 2020
    Reply of petitioner Jennifer Paskert filed. (Distributed)
  3. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  4. Oct 28 2020
    Motion to delay distribution of the petition for a writ certiorari until November 10, 2020 granted.
  5. Oct 23 2020
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 4, 2020 to November 10, 2020, submitted to The Clerk.
  6. Oct 16 2020
    Brief of respondents Kemna-ASA Auto Plaza, Inc., et al. in opposition filed.
  7. Oct 05 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including October 19, 2020, for all respondents.
  8. Oct 02 2020
    Motion to extend the time to file a response from October 5, 2020 to October 19, 2020, submitted to The Clerk.
  9. Aug 19 2020
    Motion to extend the time to file a response is granted and the time is extended to and including October 5, 2020, for all respondents.
  10. Aug 18 2020
    Motion to extend the time to file a response from August 19, 2020 to October 5, 2020, submitted to The Clerk.
  11. Jul 13 2020
    Petition for a writ of certiorari filed. (Response due August 19, 2020)