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Carolyn Frost Keenan v. River Oaks Property Owners, Inc.

Paid petition · Court of Appeals of Texas, First District, No. 01-20-00493-CV · judgment March 17, 2022


Certiorari denied · October 16, 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 an FHAA reasonable-accommodation disability claim under 42 U.S.C. § 3604(f)(3) is barred if the defendant does not know or could not have reasonably known of the disability “at the time” that the reasonable accommodation was requested and rejected, as the Sixth Circuit and now Texas’s First Court of Appeals have held, which conflicts with the knowledge element adopted by the First, Third, Eighth, Ninth, and Eleventh Circuits?

Counsel of record

For petitioner
Dylan Benjamen Russell
Hoover Slovacek, LLP

For respondent
Jason Ryan Bernhardt
Winstead

Case

Conference history
Distributed for 2 conferences

Linked docket
23A113

Proceedings

  1. Dec 11 2023
    Rehearing DENIED.
  2. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  3. Nov 09 2023
  4. Oct 16 2023
    Petition DENIED.
  5. Sep 27 2023
    DISTRIBUTED for Conference of 10/13/2023.
  6. Sep 20 2023
    Waiver of right of respondent River Oaks Property Owners, Inc. to respond filed.
  7. Sep 18 2023
    Petition for a writ of certiorari filed. (Response due October 20, 2023)
  8. Aug 09 2023
    Application (23A113) granted by Justice Alito extending the time to file until September 16, 2023.
  9. Aug 03 2023
    Application (23A113) to extend the time to file a petition for a writ of certiorari from August 17, 2023 to September 18, 2023, submitted to Justice Alito.