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Joe W. Aguillard v. Louisiana College

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-30941 · judgment August 19, 2020

Certiorari denied · January 11, 2021
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Questions presented

  1. Does the “participation” clause contained in Section 704(a) of Title VII of the 1964 Civil Rights Act protect an employee who has filed an EEOC Complaint from a “retaliatory” defamation suit filed by the employer based, in part, upon allegations contained in the EEOC charge?

  2. Does the “opposition” clause contained in Section 704(a) of Title VII of the 1964 Civil Rights Act protect an employee from a “retaliatory” defamation suit filed by the employer based, in part, upon allegations made by the employee to SACSCOC, the auditing agent of the employer?

  3. Did Petitioner “abandon” his claims of a “retaliatory hostile work environment” under Title VII and ADA by failing to attach that label to specific facts alleged in his complaint, as amended, and supported in his affidavit submitted in Opposition to Respondent’s Motion for Summary Judgment?

Counsel of record

For petitioner
Billy R Pesnell
The Pesnell Law Firm, A P.L.C.

For respondent
Steven M. Oxenhandler
Gold, Weems, Bruser, Sues & Rundell

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 18 2020
    Waiver of right of respondent Louisiana College to respond filed.
  4. Dec 04 2020
    Petition for a writ of certiorari filed. (Response due January 7, 2021)