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Karin Weng v. Julie A. Su, Acting Secretary of Labor

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5117 · judgment April 1, 2024


Certiorari denied · January 13, 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.

Questions presented

This petition presents three questions pertaining to an employment discrimination plaintiffs evidentiary burden in summary judgment proceedings to prove the existence of a genuine issue for trial:

  1. Whether a plaintiff must demonstrate that comparators proffered to show disparate treatment are “nearly identical,” as the D.C. Circuit requires, or only “similarly situated,” as most other circuits require;

  2. Whether a court may dismiss as mere “opinion” a plaintiff s sworn factual rebuttals to disciplinary charges rather than accepting them as evidence of disputed facts; and

  3. Whether a court must consider as material evidence of pretext facts proving that a governmental employer violated due process in removing an employee.

Counsel of record

For petitioner
Karin Weng

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 13 2025
    Petition DENIED.
  2. Dec 11 2024
    DISTRIBUTED for Conference of 1/10/2025.
  3. Dec 09 2024
    Waiver of right of respondent Su, Julie to respond filed.
  4. Nov 12 2024
    Petition for a writ of certiorari filed. (Response due December 16, 2024)