No. 20-638

Samuel Gonzales v. ConocoPhillips Company, et al.

Lower Court: Fifth Circuit
Docketed: 2020-11-10
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: attorney-fees burden-shifting civil-rights discretion employee-benefits erisa
Key Terms:
AdministrativeLaw Arbitration ERISA SocialSecurity Immigration EmploymentDiscrimina
Latest Conference: 2020-12-11
Question Presented (AI Summary)

Whether and to what extent district courts must consider ERISA's purpose in awarding attorney's fees to a successful defendant

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether and to what extent district courts must consider ERISA’s purpose “to protect *** the interests of participants in employee benefit plans and their beneficiaries,” 29 U.S.C. § 1001(b), in exercising their discretion to award attorney’s fees to a successful defendant under 29 U.S.C. § 1132(g)(1). 2. Whether the burden-shifting framework established by McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) for proving discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., which is “designed to assure that the plaintiff [has] his day in court despite the unavailability of direct evidence,” Trans World Airlines, Inc. v. Thurston, 469 U.S. 111, 121 (1985) (internal quotation omitted), applies when the plaintiff can prove discrimination by direct evidence. ce) STATEMENT OF

Docket Entries

2020-12-14
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2020-11-24
DISTRIBUTED for Conference of 12/11/2020.
2020-11-18
Waiver of right of respondent ConocoPhillips Company; Frank Alexander; Dan Mecham; ConocoPhillips Severance Pay Plan to respond filed.
2020-11-06
Petition for a writ of certiorari filed. (Response due December 10, 2020)

Attorneys

ConocoPhillips Company; Frank Alexander; Dan Mecham; ConocoPhillips Severance Pay Plan
Joy M. SolowayNorton, Rose, Fulbright, US LP, Respondent
Joy M. SolowayNorton, Rose, Fulbright, US LP, Respondent
Samuel Gonzales
Joseph Carl CecereCecere, PC, Petitioner
Joseph Carl CecereCecere, PC, Petitioner