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Rosemary Garity v. APWU National Labor Organization
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-15633 · judgment December 24, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The questions presented show conflict with Precedent of this Court and all Circuit Courts. The significant practical consequence is promotion of discrimination.
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Is “But for” the standard for ADA discrimination claims as determined here?
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Did the Ninth Circuit err, in contrast to all other Courts of Appeal and the Supreme Court, when affirming summary judgment despite disputed material facts and credibility issues being determined in favor of the moving party, APWU?
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Did the Ninth Circuit err in determining union liability contrary to most Circuit Courts and the Supreme Court?
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Did the Ninth Circuit err in pro se consideration as to issues raised, i.e. failing to act, technicalities and determination on the merits in conflict with other Circuits and the Supreme Court?
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Did the Ninth Circuit err in refusing to follow doctrines on law of the case and issues not raised on appeal not available, removing the liability standard set forth in the case? LIST OF ALL PARTIES TO THE PROCEEDING APWU National APWU State (Local successor)
Counsel of record
For petitioner
Rosemary Garity
For respondent
Michael Timothy Anderson
Murphy Anderson PLLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 11 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 04 2021Waiver of right of respondent American Postal Workers Union National Labor Organization to respond filed.
- Aug 04 2021Waiver of right of respondent Nevada Postal Workers Union to respond filed.
- Jul 14 2021Petition for a writ of certiorari filed. (Response due September 2, 2021)