No. 21-1018

Nicole Colton v. Fehrer Automotive, North America, LLC

Lower Court: Eleventh Circuit
Docketed: 2022-01-19
Status: Denied
Type: Paid
Tags: ada ada-amendments-act ada-amendments-act-of-2008 disability disability-discrimination motion-to-dismiss pleading reasonable-accommodation regarded-as-disabled short-stature standing
Key Terms:
SocialSecurity Securities
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether Colton's short stature could plausibly be a disability covered by the Americans with Disabilities Act 1990, as amended by the ADA Amendments Act of 2008 to survive a motion to dismiss?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Colton’s short stature could plausibly be a disability covered by the Americans with Disabilities Act 1990, as amended by the ADA Amendments Act of 2008 to survive a motion to dismiss? 2. Whether the ADA Amendments Act of 2008 changes the analysis in Carruthers v. BSA Advert., Inc., 357 F.3d. 1218, 1216, (11 Cir. 2004) of what is necessary to plead to be “Regarded as Disabled”? 3. Based on the ADA Amendments Act of 2008 whether Colton reasonably believed her accommodation request constituted protected activity?

Docket Entries

2022-03-21
Petition DENIED.
2022-03-02
DISTRIBUTED for Conference of 3/18/2022.
2022-01-14
Petition for a writ of certiorari filed. (Response due February 18, 2022)
2021-12-09
Application (21A193) granted by Justice Thomas extending the time to file until January 14, 2022.
2021-12-06
Application (21A193) to extend the time to file a petition for a writ of certiorari from December 15, 2021 to January 14, 2022, submitted to Justice Thomas.

Attorneys

Nicole Colton
Lee David WinstonWinston Cooks, LLC, Petitioner
Lee David WinstonWinston Cooks, LLC, Petitioner