No. 19-1403

Michael H. Vartanian v. State Bar of California, et al.

Lower Court: Ninth Circuit
Docketed: 2020-06-23
Status: Denied
Type: Paid
Response Waived
Tags: ada-anti-retaliation ada-retaliation civil-rights disability-discrimination due-process fourteenth-amendment legal-profession reasonable-mistake reasonable-mistake-of-law standing
Key Terms:
SocialSecurity DueProcess FourthAmendment EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Is opposition to a violation of the Americans With Disabilities Act (ADA) that turns upon a reasonable mistake of law protected conduct under the statute's anti-retaliation provision?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is opposition to a violation of the Americans With Disabilities Act (ADA) that turns upon a reasonable mistake of law, such as belief that an attempt to violate the ADA is prohibited under the ADA, protected conduct under the statute’s anti-retaliation provision, 42 U.S.C. § 12203 (a)? 2. Does Title II of the ADA, 42 U.S.C. § 12132, which prohibits discrimination by public entities based on disability, constitute a valid exercise of Congress’s § 5 authority to enforce the Fourteenth Amendment, as it applies to the regulation of attorneys? 3. To comply with Federal Rule of Civil Procedure 8(a)(2), must a complaint recite nonconclusory allegations asserting each of the facts, whose proof must be established to prevail at trial? i STATEMENT OF RELATED CASES * Michael H. Vartanian v. The State Bar of California et al., No. 5:18-cv-00826, U.S. District Court for the Northern District of California. Judgment entered June 6, 2018. * Michael H. Vartanian vy. State Bar of California; Northwestern California University School of Law, No. 18-16084, U.S. Court of Appeals for the Ninth Circuit. Judgment entered December 11, 2019. i

Docket Entries

2020-10-05
Petition DENIED.
2020-07-29
DISTRIBUTED for Conference of 9/29/2020.
2020-07-09
Waiver of right of respondent Northwestern California University School of Law to respond filed.
2020-06-23
Waiver of right of respondent The State Bar of California to respond filed.
2020-06-18
Petition for a writ of certiorari filed. (Response due July 23, 2020)

Attorneys

Michael H. Vartanian
Randy Perry BakerRandy Baker, Attorney at Law, Petitioner
Randy Perry BakerRandy Baker, Attorney at Law, Petitioner
Northwestern California University School of Law
Terry L. GilbeauLaw Offices of Terry L. Gilbeau, Respondent
Terry L. GilbeauLaw Offices of Terry L. Gilbeau, Respondent
The State Bar of California
Robert G. RetanaThe State Bar of California, Respondent
Robert G. RetanaThe State Bar of California, Respondent