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Jamilah Abdul-Haqq v. Permanente Medical Group, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-16684 · judgment March 18, 2024


Certiorari denied · October 7, 2024
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

The basis for the Grant of Certiorari is that the lower court’s error regarding individuals with disabilities has fundamental legal significance and may impede the effectiveness of federal and state statutes. a. Do the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) necessitate employers and unions to engage in an interactive process and offer reasonable accommodations for Registered Nurses with disabilities like PostTraumatic Stress Disorder (PTSD) who have requested an accommodation prior to termination? In this context, are the duty of fair representation obligations adequately fulfilled when unions only attend meetings and propose settlements but neglect to address a member’s concerns regarding requested accommodations and facilitate members’ participation in arbitration hearings? b. This case highlights a critical, recurring Fourteenth Amendment issue with notable implications that may affect the effectiveness of a federal and state statute. Additionally, it raises questions about whether an employer or union can neglect their legal obligations toward Registered Nurses and subsequently pursue disciplinary actions. The central inquiry revolves around whether the employee’s complaints give rise to disciplinary actions that are warranted or retaliatory in nature due to failure to uphold legal obligations toward nurses?

Counsel of record

For petitioner
Jamilah Abdul-Haqq

For respondent
David Carrillo Casarrubias
Hanson Bridgett LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 25 2024
    Rehearing DENIED.
  2. Nov 06 2024
    DISTRIBUTED for Conference of 11/22/2024.
  3. Oct 29 2024
  4. Oct 07 2024
    Petition DENIED.
  5. Aug 14 2024
    DISTRIBUTED for Conference of 9/30/2024.
  6. Jul 25 2024
    Waiver of right of respondent California Nurses Association to respond filed.
  7. Jul 08 2024
    Waiver of right of respondent The Permanente Medical Group, Inc. to respond filed.
  8. Jun 26 2024
    Petition for a writ of certiorari filed. (Response due July 29, 2024)