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Esther Darnell v. Department of Justice, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-20399 · judgment July 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

  1. Whether the Fifth Circuit committed error when it affirmed the district court’s acceptance of DEA’s Notice of Discovery Compliance including a declaration from a DEA Senior Employment Attorney with no personal knowledge of all matters in his declaration which left Darnell with no discovery to defend herself in summary judgment.

  2. Whether the Fifth Circuit committed error when it affirmed the district court’s final decision that Darnell’s termination claims did not meet the McDonnell Douglas burden-shifting framework.

  3. Whether the Fifth Circuit erred in denying Darnell’s overtime pay claims including claims under the continuing violations doctrine in a hostile work environment. Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-2, states that, (a) It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color religion, sex, or national origin.

Counsel of record

For petitioner
Esther Darnell

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
24A300

Proceedings

  1. Mar 10 2025
    Rehearing DENIED.
  2. Feb 19 2025
    DISTRIBUTED for Conference of 3/7/2025.
  3. Feb 07 2025
    Petition for Rehearing filed.
  4. Jan 13 2025
    Petition DENIED.
  5. Dec 18 2024
    DISTRIBUTED for Conference of 1/10/2025.
  6. Dec 11 2024
    Waiver of right of respondent Federal Respondents to respond filed.
  7. Nov 27 2024
    Petition for a writ of certiorari filed. (Response due January 2, 2025)
  8. Sep 27 2024
    Application (24A300) granted by Justice Alito extending the time to file until November 28, 2024.
  9. Sep 19 2024
    Application (24A300) to extend the time to file a petition for a writ of certiorari from September 29, 2024 to November 28, 2024, submitted to Justice Alito.