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Michael Simko v. United States Steel Corporation

Paid petition · United States Court of Appeals for the Third Circuit, No. 20-1091 · judgment March 29, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether, or under what circumstances, a claim that an employer unlawfully retaliated against an employee for filing a charge of discrimination with the EEOC under the remedial structure of Title VII may be addressed in an ensuing civil action, if the employee did not file a second formal administrative charge specifically alleging the retaliation.

Counsel of record

For petitioner
John E. Egers Jr.
Julian Law Firm

For respondent
Leon F. DeJulius Jr.
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 21 2021
    Reply of petitioner Michael Simko filed. (Distributed)
  4. Dec 08 2021
    Brief of respondent United States Steel Corp. in opposition filed.
  5. Oct 15 2021
    Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2021.
  6. Oct 14 2021
    Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.
  7. Oct 06 2021
    Petition for a writ of certiorari filed. (Response due November 8, 2021)