No. 19-7936

James Zavaglia v. Boston University School of Medicine

Lower Court: First Circuit
Docketed: 2020-03-10
Status: Denied
Type: IFP
IFP
Tags: administrative-law but-for-causation causation-standard chevron-deference civil-rights due-process employment-discrimination family-medical-leave-act fmla-interference jury-trial medical-leave motivating-factor reeves-v-sanderson retaliation standing summary-judgment
Key Terms:
AdministrativeLaw Arbitration SocialSecurity ERISA Securities
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Whether the lower courts are correct to apply Nassar to FMLA cases

Question Presented (OCR Extract)

question presented is: Does the standard of proof established by Reeves apply as part of the civil action. 5. That two judges with ties to the Respondent had to be recused from the rehearing and rehearing en banc proceedings possibly within the parameters of 28 U.S. Code § 455. Should the Appeals Court have called upon guest judges so that the Plaintiff-Appellant could have had the benefit of an en banc panel in its entirety. 6. Terminating the Pro Se Applicant while he was on intermittent Family Medical Leave Act for medical situations stemming from an assault on the job by a fourth year medical student, which caused a permanent back and hip injuries resulting in the petitioner being put on social security disability, who is now a practicing doctor because the assault was covered up by upper management within the University. Should the University be held and individuals be held criminally responsible for their actions with retaliation with the advent of such cases as ERIKA DAVIS v. MICHIGAN STATE UNIVERSITY; THE BOARD OF TRUSTEES OF MICHIGAN STATE UNIVERSITY; LAWRENCE GERARD NASSAR (individual capacity only); KATHIE KLAGES (individual capacity only); WILLIAM D. STRAMPEL, D.O. (individual capacity only); JEFFREY R. KOVAN D.O. (individual capacity only); DOUGLAS DIETZEL, D.O. (individual capacity only); BROOKE LEMMEN, D.O. (individual capacity only); GARY E. STOLLAK (individual capacity only); DESTINY TEACHNOR-HAUK (individual capacity only); USA GYMNASTICS, INC.; TWISTARS USA, INC. d/b/a GEDDERTS’ TWISTARS USA GYMNASTICS CLUB, and JOHN GEDDERT, 1:18-cv-01046 (other citation omitted), and the 55 connected cases to Michigan State University which resulted in resignations, terminations, criminal charges, sanctions and damages awarded due to the cover up on the part of the University and it’s agents.

Docket Entries

2020-08-03
Rehearing DENIED.
2020-07-09
DISTRIBUTED.
2020-06-10
Petition for Rehearing filed.
2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-03-12
Application (19A1009) denied by Justice Breyer.
2020-03-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2020)
2020-03-06
Application (19A1009) to recall and stay mandate pending disposition of the petition for a writ of certiorari, submitted to Justice Breyer.

Attorneys

James Zavaglia
James Zavaglia — Petitioner
James Zavaglia — Petitioner