Supreme Court of the United States · Official docket →
Derek Blockhus v. United Airlines, Inc.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 24-1043 · judgment September 19, 2024
Certiorari denied · May 5, 2025
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 Appellate Court properly construe all facts in the light most favorable to the nonmoving party, as required by Federal Rule of Civil Procedure 56, or did it improperly weigh in favor of the Appellee by overlooking and disregarding critical facts, evidence, as well as the contradicting testimony by Ms. Lense that directly disputes and discredits all the Appellee’s claims— evidence that would have supported the Petitioner’s position.1 1 Lead "investigator" John McCormick admitted under testimony that he conducted no actual investigation beyond taking a statement from Ms. Lense. He never contacted or spoke with Mr. Blockhus, nor did he attempt to verify any of Ms. Lense’s claims before reaching his socalled "conclusions." Lense’s own testimony directly contradicted her claims of harassment, as she admitted under oath that she and Mr. Blockhus were on "friendly terms" during the time frame in which she alleged the harassment occurred. Given these deficiencies, the evidence lacked the reliability necessary to support a ruling in favor of the Appellee. Furthermore, this case involved multiple disputed facts, all of which were material to its outcome—including Ms. Lense’s own testimony that her primary concern was losing her job and that she had no reason to report Mr. Blockhus until she learned that she was being reported to the company for harassment. These disputes warranted a more thorough review, as they were central to assessing the merits of the case.
Counsel of record
For petitioner
Derek Blockus
For respondent
Michael Patrick Yingling
Reed Smith LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- May 05 2025Petition DENIED.
- Apr 16 2025DISTRIBUTED for Conference of 5/2/2025.
- Apr 15 2025Waiver of right of respondent United Airlines, Inc. to respond filed.
- Jan 22 2025Petition for a writ of certiorari filed. (Response due May 7, 2025)