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Jeannie Parker v. United Airlines, Inc.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-4093 · judgment September 26, 2022


Certiorari denied · April 3, 2023
Pre-decision estimate: 2% cert probability

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

Question presented

Whether the standard for proximate causation applied by the court of appeals below, and in other Tenth Circuit cases, conflicts with this Court’s decision in Staub v. Proctor Hospital, 562 U.S. 411 (2011) — and the postStaub approaches taken by other circuit courts — to the extent that the Tenth Circuit’s test dictates that an employer’s independent investigation into a biased supervisor’s recommendation automatically breaks the chain of causation in “cat’s paw” cases brought under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.

Counsel of record

For petitioner
Peter Michael Katsaros
Hahn Loeser & Parks LLP

For respondent
Jessica E. Whelan
Holland & Hart, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 03 2023
    Petition DENIED.
  2. Mar 15 2023
    DISTRIBUTED for Conference of 3/31/2023.
  3. Mar 06 2023
    Waiver of right of respondent United Airlines, Inc. to respond filed.
  4. Feb 21 2023
    Petition for a writ of certiorari filed. (Response due March 30, 2023)