Supreme Court of the United States · Official docket →
Nicolas Tashman v. Advance Auto Parts, Inc.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-1949 · judgment March 27, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
42 U.S.C. § 1981 guarantees that “[a]ll persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts ... as is enjoyed by white citizens.” A direct conflict exists among federal courts of appeals as to when, and under what circumstances, an employer can be held responsible under § 1981 for the acts of an employee. This case squarely presents the following question: Whether general common law principles of respondeat superior apply to hold an employer liable for an employee’s tortious acts under 42 U.S.C. § 1981.
Counsel of record
For petitioner
Mark Steven Schuver
Mathis, Marifian & Richter, Ltd.
For respondent
Lori Ann Schmidt
Litchfield Cavo LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 10 2023Petition DENIED.
- Sep 13 2023DISTRIBUTED for Conference of 10/6/2023.
- Sep 12 2023Reply of petitioner Nicolas Tashman filed. (Distributed)
- Aug 28 2023Brief of respondent Advance Auto Parts, Inc. in opposition filed.
- Jun 30 2023Motion to extend the time to file a response is granted and the time is extended to and including August 28, 2023.
- Jun 28 2023Motion to extend the time to file a response from July 27, 2023 to August 28, 2023, submitted to The Clerk.
- Jun 22 2023Petition for a writ of certiorari filed. (Response due July 27, 2023)