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Sandy Mays v. Newly Weds Foods, Inc.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-60161 · judgment May 29, 2025


Certiorari denied · January 12, 2026
Pre-decision estimate: 2% cert probability

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

Question presented

I. To resolve the confusion among circuit courts, the Court should decide whether the McDonnell Douglas framework is inappropriate for analysis at summary judgement, under Rule 56 of the Federal Rules of Civil Procedure? II. There is clear disarray among the circuit courts regarding the correct causation standard in Family and Medical Leave Act retaliation claims. The question presented is whether an employee must show that her protected conduct was only a motivating or negative factor — rather than the but-for cause — of an adverse employment action under the FMLA? PARTIES TO THE PROCEEDINGS Petitioner in this Court is Sandy Mays who was plaintiff in the district court and plaintiff-appellant in the court of appeals. Respondent in this Court is Newly Weds Foods, Inc., which was the defendant in the district court and defendant-appellee in the court of appeals. CORPORATE DISCLOSURE STATEMENT Pursuant to Supreme Court Rule 29.6, Sandy Mays is an individual.

Counsel of record

For petitioner
Robert N. Norris
Watson & Norris, PLLC

For respondent
Timothy M. Peeples
Daniel Coker Horton & Bell, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 03 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Nov 26 2025
    Letter from counsel for petitioner received.
  4. Nov 19 2025
    Waiver of right of respondent Newly Weds Foods, Inc. to respond filed.
  5. Sep 22 2025
    Petition for a writ of certiorari filed. (Response due November 21, 2025)