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Michael Bright-Asante v. Saks & Company, Inc., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1280 · judgment May 14, 2021


Certiorari denied · January 10, 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

The following questions are presented:

  1. Did the Second Circuit Court of Appeals in its de novo review, and the United States District Court for the Southern District of New York, apply the correct standard of review in this action as reiterated by this Court in Tolan v. Cotton, 572 U.S. 650 (2014)?

  2. Was the Second Circuit, in its affirmance, correct to make credibility determinations in favor of Saks & Company, as the moving party on summary judgment, against Petitioner herein; and did they properly draw inferences against the Petitioner?

  3. If the Second Circuit applied the incorrect standard of review, did that fact result in an erroneous determination against the Petitioner?

  4. If the incorrect standard of review was applied, did the application of the incorrect standard deprive Petitioner of the right to jury trial guaranteed to him under the Seventh Amendment to the Constitution of

Counsel of record

For petitioner
K. C. Okoli
Law Offices of K.C. Okoli, P.C.

For respondent
Wendy Johnson Lario
Greenberg Traurig, LLP

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 06 2021
    Brief of respondents Saks & Company, Inc., et al. in opposition filed.
  4. Nov 02 2021
    Petition for a writ of certiorari filed. (Response due December 6, 2021)