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Peter Gumm v. AK Steel Corporation

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-1767 · judgment March 18, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether a federal district court errs in granting summary judgment based upon the improper application of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), which runs contrary to the pronouncements in McDonnellDouglas itself, Title VII, Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133 (2000), and further runs afoul of the Seventh Amendment right to a jury trial with the misapplication of Federal Rule of Civil Procedure 56.

  2. Whether a federal district court may ignore state law to enforce a purported contractual six-month limitations period, despite a threeyear statute of limitations for state discrimination claims, where there are genuine factual disputes as to whether the plaintiff knowingly agreed to such a waiver and which is contrary to state law, as in the recent Michigan Supreme Court precedent in McMillon v. City of Kalamazoo, 983 N.W.2d 79 (Mich. 2023).

Counsel of record

For petitioner
Gwen-Marie Davis
GDH Law Firm

For respondent
John T Below
Bodman PLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 06 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 30 2025
    Waiver of right of respondent AK Steel Corporation to respond filed.
  4. Jul 16 2025
    Petition for a writ of certiorari filed. (Response due August 25, 2025)