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