No. 20-219

Jane Cummings v. Premier Rehab Keller, P.L.L.C.

Lower Court: Fifth Circuit
Docketed: 2020-08-25
Status: Judgment Issued
Type: Paid
CVSGAmici (10)Relisted (4)
Tags: affordable-care-act antidiscrimination-law civil-rights civil-rights-act compensatory-damages emotional-distress federal-funding rehabilitation-act title-vi
Key Terms:
Arbitration SocialSecurity ERISA JusticiabilityDoctri
Latest Conference: 2022-06-16 (distributed 4 times)
Question Presented (AI Summary)

Whether the compensatory damages available under Title VI and the statutes that incorporate its remedies include compensation for emotional distress

Question Presented (OCR Extract)

QUESTION PRESENTED Title VI of the Civil Rights Act of 1964 prohibits recipients of federal funds from discriminating based on race. Congress has expressly incorporated Title VI’s remedies for victims of discrimination into other antidiscrimination laws, including the Rehabilitation Act, 29 U.S.C. § 794a(a)(2), and the Affordable Care Act, 42 U.S.C. § 18116(a). Those remedies include a right to recover “compensatory damages.” Barnes v. Gorman, 536 U.S. 181, 187 (2002). The question presented is: Whether the compensatory damages available under Title VI and the statutes that incorporate its remedies include compensation for emotional distress.

Docket Entries

2022-06-24
JUDGMENT ISSUED
2022-06-21
Rehearing DENIED.
2022-05-31
DISTRIBUTED for Conference of 6/16/2022.
2022-05-23
2022-04-28
Adjudged to be AFFIRMED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-219_1b82.pdf'>opinion</a> of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
2021-11-30
Argued. For petitioner: Andrew Rozynski, New York, N. Y.; and Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Kannon K. Shanmugam, Washington, D. C.
2021-11-02
Reply of petitioner Jane Cummings filed. (Distributed)
2021-10-29
CIRCULATED
2021-10-25
Application (21A98) granted by Justice Alito extending the time to file until November 2, 2021.
2021-10-19
Application (21A98) to extend the time to file a reply brief on the merits from October 29, 2021 to November 2, 2021, submitted to Justice Alito.
2021-10-18
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solictor General, and 35 minutes for respondent.
2021-10-08
The record received from the U.S.D.C. Northern District of Texas is electronic and has been filed electronically.
2021-10-06
Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
2021-10-06
Brief amici curiae of The National Conference of State Legislatures, et al. filed.
2021-10-06
Brief amici curiae of The States of Texas, et al. filed.
2021-10-05
Brief amicus curiae of Washington Legal Foundation filed.
2021-10-05
The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
2021-10-01
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2021-09-29
Brief of respondent Premier Rehab Keller, P.L.L.C. filed.
2021-09-27
Record requested from the U.S.C.A. 5th Circuit.
2021-09-20
SET FOR ARGUMENT on Tuesday, November 30, 2021.
2021-09-10
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2021-08-30
Brief amicus curiae of United States filed.
2021-08-30
Brief amici curiae of Law Professors filed.
2021-08-30
Brief amici curiae of NAACP Legal Defense & Educational Fund Inc., et al. filed.
2021-08-30
Brief amici curiae of Disability Organizations filed.
2021-08-26
Brief amicus curiae of American Association for Justice filed.
2021-08-26
Blanket Consent filed by Petitioner, Jane Cummings
2021-08-23
Brief of petitioner Jane Cummings filed.
2021-08-17
Blanket Consent filed by Respondent, Premier Rehab Keller, P.L.L.C.
2021-08-11
Motion to dispense with printing the joint appendix filed by petitioner Jane Cummings.
2021-07-12
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 23, 2021. The time to file respondent's brief on the merits is extended to and including September 29, 2021.
2021-07-08
Motion for an extension of time filed.
2021-07-02
Petition GRANTED.
2021-07-01
DISTRIBUTED for Conference of 7/1/2021.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-07
Supplemental brief of respondent Premier Rehab Keller, P.L.L.C. filed. (Distributed)
2021-05-25
Brief amicus curiae of United States filed.
2020-11-02
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition.
2020-10-14
Reply of petitioner Jane Cummings filed. (Distributed)
2020-10-14
DISTRIBUTED for Conference of 10/30/2020.
2020-09-24
Brief of respondent Premier Rehab Keller, P.L.L.C. in opposition filed.
2020-08-21
Petition for a writ of certiorari filed. (Response due September 24, 2020)

Attorneys

American Association for Justice
Robert S. PeckCenter for Constitutional Litigation, PC, Amicus
Disability Organizations
Raffi MelkonianWright, Close & Barger LLP, Amicus
Jane Cummings
Andrew RozynskiEisenberg & Baum, LLP, Petitioner
Law Professors
Brianne Jenna GorodConstitutional Accountability Center, Amicus
NAACP Legal Defense & Educational Fund Inc., et al.
Samuel SpitalNAACP Legal Defense & Edeucational Fund, Inc., Amicus
Premier Rehab Keller, P.L.L.C.
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Respondent
Brian Scott BradleyWatson, Caraway, Midkiff and Luningham, LLP, Respondent
The Chamber of Commerce of the United States of America, et al.
Charles Justin CooperCooper & Kirk, PLLC, Amicus
The National Conference of State Legislatures, et al.
Richard A. SimpsonWiley Rein, LLP, Amicus
The States Of Texas, Alabama, Arkansas, Indiana, Louisiana, Mississippi, Oklahoma, South Carolina, Utah, And West Virginia
Judd Edward Stone IITexas Attorney General's Office, Amicus
United States
Edwin Smiley KneedlerD.O.J., Amicus
Elizabeth B. PrelogarSolicitor General, Amicus
Washington Legal Foundation
John Mercer Masslon IIWashington Legal Foundation, Amicus