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Kemal Kocak v. Harmony Public Schools

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 25-50426 · judgment January 14, 2026


Certiorari denied · June 8, 2026
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. Whether Title VII permits courts to require, as a threshold element of a prima facie case, a comparator outside the broader protected group when the plaintiff alleges discrimination against a disfavored subgroup within a national-origin community.

  2. Whether a court may affirm summary judgment for an employer by crediting the employer’s post-incident narrative over objective video evidence, witness testimony, and sworn declarations from which a reasonable jury could find pretext.

Counsel of record

For petitioner
Edward L. Pina
Edward L. Pina & Associates, P.C.

For respondent
Joseph Emil Hoffer
Schulman, Lopez, Hoffer & Adelstein, 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 18 2026
    Waiver of right of respondent Harmony Public Schools to respond filed.
  4. May 14 2026
    Waiver of right of respondent Harmony Public Schools to respond filed.
  5. Apr 14 2026
    Petition for a writ of certiorari filed. (Response due May 18, 2026)