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Jeffrey Isaacs v. USC Keck School of Medicine, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-55239 · judgment April 22, 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.

Questions presented

Dr. Isaacs respectfully petitions the United States Supreme Court to address the following questions presented and grant a writ of certiorari.

  1. Whether the Ninth Circuit erroneously determined that a student cannot state a retaliation claim under Section 504 of the Rehabilitation Act and Title VI of the Civil Rights Act, because “no adverse employment action” would exist.

  2. Whether USC’s continuous online broadcast of Petitioner’s sealed and acquitted academic record represents an open-ended RICO predicate act that tolls the statute of limitations.

  3. Whether the courts below erred in finding that a Gibson Dunn & Crutcher entertainment lawyer’s decision to impose a campus ban against a former University of Southern California medical student warranted protection by the anti-SLAPP statute, and that the campus ban did not violate the First and Fourteenth Amendment because USC is a private school.

  4. Whether the factual allegations of the Complaint, accepted as true as they must, preclude the District Court’s reliance on waiver, res judicata, and the statute of limitations to dismiss Plaintiff-Appellant’s claims against Defendant-Appellee University of Southern California Keck School of Medicine.

Counsel of record

For petitioner
Keith Allen Mathews
Associated Attorneys of New England

For respondent
Pierre A. Chabot
Devine Millimet & Branch, PA

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 01 2021
    Waiver of right of respondent Trustees of Dartmouth College to respond filed.
  4. Oct 29 2021
    Waiver of USC Keck School of Medicine; Gibson, Dunn & Crutcher LLP of right to respond not accepted for filing. (November 01, 2021)
  5. Oct 29 2021
    Waiver of right of respondents USC Keck School of Medicine; Gibson, Dunn & Crutcher LLP to respond filed.
  6. Oct 29 2021
    Waiver of right of respondent Dartmouth-Hitchcock Medical Center to respond filed.
  7. Oct 28 2021
    Waiver of right of respondent New Hampshire Board of Medicine to respond filed.
  8. Oct 22 2021
    Petition for a writ of certiorari filed. (Response due November 26, 2021)