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Perry Hopman v. Union Pacific Railroad

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-1881 · judgment May 19, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 9% cert probability (95% interval 5%–14%)

Before the decision, about 2.1× 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 an Eighth Circuit decision below.

Question presented

The Americans with Disabilities Act (ADA) prohibits a covered employer from discriminating in the “terms, conditions, and privileges of employment” against a qualified individual with a disability. The forbidden discrimination includes failing to “mak[e] reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability.” The question presented is: Is the ADA requirement of reasonable accommodation of employees with disabilities limited to —accommodations that enable an employee to perform the essential functions of a position, and —accommodations that provide equal access to a program or service that is provided or sponsored by the employer and that is not directly job-related?

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 2 conferences

Linked docket
23A123

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 24 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 23 2024
    Reply of petitioner Perry Hopman filed. (Distributed)
  4. Jan 05 2024
    Brief of respondent Union Pacific Railroad in opposition filed.
  5. Nov 17 2023
    Motion to extend the time to file a response is granted and the time is extended to and including January 5, 2024.
  6. Nov 15 2023
    Motion to extend the time to file a response from December 6, 2023 to January 5, 2024, submitted to The Clerk.
  7. Nov 06 2023
    Response Requested. (Due December 6, 2023)
  8. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  9. Oct 30 2023
    Waiver of right of respondent Union Pacific Railroad to respond filed.
  10. Oct 02 2023
    Petition for a writ of certiorari filed. (Response due November 3, 2023)
  11. Aug 14 2023
    Application (23A123) granted by Justice Kavanaugh extending the time to file until October 2, 2023.
  12. Aug 04 2023
    Application (23A123) to extend the time to file a petition for a writ of certiorari from August 17, 2023 to October 2, 2023, submitted to Justice Kavanaugh.