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Carolyn D. Robinson v. Walmart Stores East, LP

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-10560 · judgment December 13, 2021


Certiorari denied · May 23, 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. Should the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) burden shifting test remain a part of the summary judgment analysis in employment discrimination cases, and in particular for claims involving section 42 U.S.C. § 1981?

  2. Does placing the similarly situated analysis in the prima facie case rather than in the pre-text stage of the McDonnell Douglas test deprive alleged victims of discrimination their 7th amendment rights? Petitioner seeks a writ of certiorari to review the judgment of the United States Court of Appeals for the Eleventh Circuit.

Counsel of record

For petitioner
Lee David Winston
Winston Cooks, LLC

For respondent
Susan W. Bullock
FordHarrison, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
21A482

Proceedings

  1. May 23 2022
    Petition DENIED.
  2. May 03 2022
    DISTRIBUTED for Conference of 5/19/2022.
  3. Apr 21 2022
    Waiver of right of respondent Wal-Mart Stores East, LP to respond filed.
  4. Apr 12 2022
    Petition for a writ of certiorari filed. (Response due May 26, 2022)
  5. Mar 09 2022
    Application (21A482) granted by Justice Thomas extending the time to file until April 12, 2022.
  6. Mar 04 2022
    Application (21A482) to extend the time to file a petition for a writ of certiorari from March 13, 2022 to April 27, 2022, submitted to Justice Thomas.