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Aleksandra Shklyar v. Carboline Company

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-2618 · judgment February 3, 2023


Certiorari denied · October 10, 2023
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

Did the Court abuse its discretion in dismissing the amended complaint for disability discrimination and retaliation? Did the Court abuse its discretion and demonstrate bias and prejudice by adopting and implementing the same, nearly identical policies as those of defendant which gave rise to the complaint? Did the amended complaint state a cause of action for disability discrimination in violation of the Americans with Disabilities Act1? Did the amended complaint state a cause of action for disability retaliation in violation of the ADA? Did the Court abuse its discretion by failing to consider the Congressional intent and standard of review for ADA pleadings by failing to review defendant’s response to determine if it expressed any ADA defense? 1 Henceforth, “ADA”.

Counsel of record

For petitioner
Aleksandra Shklyar

For respondent
Benjamin D. Wood
Stinson LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 10 2023
    Petition DENIED.
  2. Sep 20 2023
    DISTRIBUTED for Conference of 10/6/2023.
  3. Sep 14 2023
    Waiver of right of respondent Carboline Company to respond filed.
  4. Jun 12 2023
    Petition for a writ of certiorari filed. (Response due September 15, 2023)