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Nicole Colton v. Fehrer Automotive, North America, LLC

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-12039 · judgment July 21, 2021


Certiorari denied · March 21, 2022
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether Colton’s short stature could plausibly be a disability covered by the Americans with Disabilities Act 1990, as amended by the ADA Amendments Act of 2008 to survive a motion to dismiss?

  2. Whether the ADA Amendments Act of 2008 changes the analysis in Carruthers v. BSA Advert., Inc., 357 F.3d. 1213, 1216, (11th Cir.

  3. of what is necessary to plead to be “Regarded as Disabled”?

  4. Based on the ADA Amendments Act of 2008 whether Colton reasonably believed her accommodation request constituted protected activity?

Counsel of record

For petitioner
Lee David Winston
Winston Cooks, LLC

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
21A193

Proceedings

  1. Mar 21 2022
    Petition DENIED.
  2. Mar 02 2022
    DISTRIBUTED for Conference of 3/18/2022.
  3. Jan 14 2022
    Petition for a writ of certiorari filed. (Response due February 18, 2022)
  4. Dec 09 2021
    Application (21A193) granted by Justice Thomas extending the time to file until January 14, 2022.
  5. Dec 06 2021
    Application (21A193) to extend the time to file a petition for a writ of certiorari from December 15, 2021 to January 14, 2022, submitted to Justice Thomas.