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Mary E. Canning v. Creighton University

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-3286 · judgment April 21, 2021


Certiorari denied · December 6, 2021
Pre-decision estimate: 2% cert probability

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

Question presented

Whether the Eighth Circuit improperly borrowed part of the standard in FRCP 50 to review a summary judgment under FRCP 56, where the panel’s failure to adhere to the standard of “disputes of material fact” deprived Petitioner of a jury’s consideration of the employer’s lack of credence regarding discrimination and retaliation, thereby conflicting with panels in the Second and Third Circuits and this Court’s rulings in Tolan,1 Reeves2 and St. Mary’s Honor Center.3 1 Tolan v. Cotton, 572 U.S. 650 (2014) (per curiam). 2 Reeves v. Sanderson Plumbing Prod., Inc., 530 U.S. 133 (2000). 3 St. Mary’s Honor Center v. Hicks, 509 U.S. 502 (1993).

Counsel of record

For petitioner
Rebecca R. Messall
Messall Law Firm, LLC

For respondent
David R. Buntain
Cline Williams Wright Johnson & Oldfather, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 06 2021
    Petition DENIED.
  2. Nov 09 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Nov 04 2021
    Reply of petitioner Mary E. Canning filed.
  4. Oct 21 2021
    Brief of respondent Creighton University in opposition filed.
  5. Sep 17 2021
    Petition for a writ of certiorari filed. (Response due October 21, 2021)