Supreme Court Report

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Adam McLean, et al. v. Delta Air Lines, Inc., a Delaware Corporation

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-11946 · judgment April 22, 2026


Certiorari denied · October 5, 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.

Question presented

T he Un i for me d S e r v ic e s Employ me nt a nd Reemployment Rights Act of 1994 (“USERRA”) prohibits civilian employers from denying servicemembers any benefit of employment “on the basis of” their membership in the uniformed services. 38 U.S.C. § 4311(a). Once an employee shows that military service was “a motivating factor” in an adverse employment action, the employer is liable “unless the employer can prove that the action would have been taken in the absence of such membership.” Id. § 4311(c)(1). The question presented is: Whether the judge-made “honest belief” doctrine, applied in Title VII cases to insulate an employer that fires an employee based on a mistaken but sincerely held view that the employee violated a work rule, may be imported into USERRA cases to displace USERRA’s express affirmative defense, which requires the employer to “prove that the action would have been taken in the absence of” the employee’s protected military service—and, if it may, whether an employer’s assertedly “honest belief” can be resolved in the employer’s favor at summary judgment, when the existence, sincerity, and application of that belief present inherently factual questions reserved to the jury.

Counsel of record

For petitioner
Gene J. Stonebarger
Stonebarger Law, A Professional Corporation

For respondent
Michael Edward Kenneally Jr.
Morgan, Lewis & Bockius LLP

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Sep 09 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Sep 04 2026
    Waiver of right of respondent Delta Air Lines, Inc. to respond filed.
  4. Aug 28 2026
    Petition for a writ of certiorari filed. (Response due October 2, 2026)