Supreme Court of the United States · Official docket →
Nancy Avina v. Union Pacific Railroad
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-2376 · judgment July 3, 2023
Certiorari denied · January 8, 2024
Pre-decision estimate: 17% cert probability (95% interval 10%–25%)
Before the decision, about 4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a petition filed soon after the judgment below.
Question presented
- Does the Railway Labor Act preempt, preclude or otherwise limit, and if so when and in what way, claims under anti-discrimination statutes, such as the Age Discrimination in Employment Act or 42 U.S.C. § 1981?* * A similar question is presented in Polk v. Amtrak National Railroad Passenger Corporation, No. 23-249.
Counsel of record
For petitioner
Eric Schnapper
Univ. of Washington School of Law
For respondent
Thomas Henderson Dupree Jr.
Gibson, Dunn & Crutcher, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 08 2024Petition DENIED.
- Dec 06 2023DISTRIBUTED for Conference of 1/5/2024.
- Dec 05 2023Reply of petitioner Nancy Avina filed. (Distributed)
- Nov 22 2023Brief of respondent Union Pacific Railroad in opposition filed.
- Oct 16 2023Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2023.
- Oct 13 2023Motion to extend the time to file a response from October 23, 2023 to November 22, 2023, submitted to The Clerk.
- Sep 19 2023Petition for a writ of certiorari filed. (Response due October 23, 2023)