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Yubo Miao v. United Airlines, Inc.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 25-1649 · judgment January 13, 2026


Certiorari denied · June 8, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a district court may dismiss a complaint alleging racial discrimination under 42 U.S.C. § 1981 at the pleading stage by resolving factual disputes against the plaintiff and drawing inferences in favor of the defendant when the complaint, read as a whole, alleges a coherent claim of discrimination supported by specific, non-conclusory facts?

Counsel of record

For petitioner
Joseph Kyle Nichele
Momkus LLP

For respondent
Richard C. Harris
Hinshaw & Culbertson, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 08 2026
    Petition DENIED.
  2. May 19 2026
    DISTRIBUTED for Conference of 6/4/2026.
  3. May 06 2026
    Waiver of right of respondent United Airlines, Inc. to respond filed.
  4. Apr 08 2026
    Petition for a writ of certiorari filed. (Response due May 13, 2026)