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Yufan Zhang v. UnitedHealth Group, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 21-2056 · judgment December 29, 2021


Certiorari denied · October 3, 2022
Pre-decision estimate: 0% cert probability

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

Question presented

In this case, the evidence Zhang used to have as proof of his claims was taken away and destroyed by UnitedHealth Group at time Zhang was fired because UnitedHealth Group considered Zhang’s evidence as the company’s intellectual property. Therefore, UnitedHealth Group prohibited Zhang from keeping or taking any evidence with him. However, Arbitrator Keyes and the District Court of Minnesota required Zhang to provide “clear and convincing evidence” to support or prove his claims, but the Judge and the district court did not require the Respondents to provide any “clear and convincing evidence” to support their claims. Even the Respondent’s declaration, which did not have any material evidence to support it, was used by the District Court to rebut Zhang’s claims. Moreover, any findings of fact were set aside as long as they conflicted with the Arbitrator’s decision, even though Zhang declared that his findings could be proved by the job-related evidence which UnitedHealth Group possesses, and Zhang even proved them via preponderance of the evidence. Therefore, the questions presented are: 1. Whether it is in error, or in violation plaintiffs right of equal protection of the laws, that the lower court imposed the burden of proof with clear and convincing evidence on the plaintiff when the Plaintiff demonstrated, based on both parties' testimonies, how the Respondents intentionally omitted or

Counsel of record

For petitioner
Yufan Zhang

For respondent
Sandra Leigh Jezierski
Nilan Johnson Lewis PA

Case

Conference history
Distributed for 2 conferences

Linked docket
21A666

Proceedings

  1. Dec 05 2022
    Rehearing DENIED.
  2. Nov 09 2022
    DISTRIBUTED for Conference of 12/2/2022.
  3. Oct 28 2022
    Petition for Rehearing filed.
  4. Oct 03 2022
    Petition DENIED.
  5. Aug 10 2022
    DISTRIBUTED for Conference of 9/28/2022.
  6. Aug 09 2022
    Waiver of right of respondent UnitedHealth Group, et al. to respond filed.
  7. Jul 08 2022
    Petition for a writ of certiorari filed. (Response due August 11, 2022)
  8. May 03 2022
    Application (21A666) granted by Justice Kavanaugh extending the time to file until July 8, 2022.
  9. Apr 25 2022
    Application (21A666) to extend the time to file a petition for a writ of certiorari from May 16, 2022 to July 8, 2022, submitted to Justice Kavanaugh.