No. 21-140

Rosemary Garity v. APWU National Labor Organization

Lower Court: Ninth Circuit
Docketed: 2021-08-03
Status: Denied
Type: Paid
Response Waived
Tags: ada-discrimination circuit-court-conflict circuit-courts civil-rights discrimination due-process precedent precedent-interpretation pro-se-considerations summary-judgment union-liability
Key Terms:
SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Is 'But for' the standard for ADA discrimination claims?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW The questions presented show conflict with Precedent of this Court and all Circuit Courts. The significant practical consequence is promotion of discrimination. | 1. Is “But for” the standard for ADA discrimination claims as determined here? 2. Did the Ninth Circuit err, in contrast to all other Courts of Appeal and the Supreme Court, when affirming summary judgment despite disputed material facts | and credibility issues being determined in favor of the moving party, APWU? 3. Did the Ninth Circuit err in determining union liability contrary to most Circuit Courts and the Supreme Court? 4. Did the Ninth Circuit err in pro se consideration as to issues raised, i.e. failing to act, technicalities and determination on the merits in conflict with other Circuits and the Supreme Court? 5. Did the Ninth Circuit err in refusing to follow doctrines on law of the case and issues not raised on appeal not available, removing the liability standard set forth in the case? LIST OF ALL

Docket Entries

2021-10-04
Petition DENIED.
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-08-04
Waiver of right of respondent American Postal Workers Union National Labor Organization to respond filed.
2021-08-04
Waiver of right of respondent Nevada Postal Workers Union to respond filed.
2021-07-14
Petition for a writ of certiorari filed. (Response due September 2, 2021)

Attorneys

American Postal Workers Union National Labor Organization
Michael Timothy AndersonMurphy Anderson PLLC, Respondent
Michael Timothy AndersonMurphy Anderson PLLC, Respondent
Nevada Postal Workers Union
David A. RosenfeldWeinberg Roger & Rosenfeld, Respondent
David A. RosenfeldWeinberg Roger & Rosenfeld, Respondent
Rosemary Garity
Rosemary Garity — Petitioner
Rosemary Garity — Petitioner