No. 21-613

Jeffrey Isaacs v. USC Keck School of Medicine, et al.

Lower Court: Ninth Circuit
Docketed: 2021-10-27
Status: Denied
Type: Paid
Response Waived
Tags: adverse-employment-action civil-rights civil-rights-act employment-action medical-student ninth-circuit rehabilitation-act retaliation retaliation-claim standing title-vi
Latest Conference: 2021-12-03
Question Presented (from Petition)

1. Whether the Ninth Circuit erroneously determined that a student cannot state a retaliation claim under Section 504 of the Rehabilitation Act and Title VI of the Civil Rights Act, because "no adverse employment action" would exist.

2. Whether USC's continuous online broadcast of Petitioner's sealed and acquitted academic record represents an open-ended RICO predicate act that tolls the statute of limitations.

3. Whether the courts below erred in finding that a Gibson Dunn & Crutcher entertainment lawyer's decision to impose a campus ban against a former University of Southern California medical student warranted protection by the anti-SLAPP statute, and that the campus ban did not violate the First and Fourteenth Amendment because USC is a private school.

4. Whether the factual allegations of the Complaint, accepted as true as they must, preclude the District Court's reliance on waiver, res judicata, and the statute of limitations to dismiss Plaintiff-Appellant's claims against Defendant-Appellee University of Southern California Keck School of Medicine.

5. Whether the Complaint's allegations against a particular individual associated with the New Hampshire Board of Medicine are timely and sufficiently viable to survive a Rule 12(b)(6) motion to dismiss.

Question Presented (AI Summary)

Whether a student can state a retaliation claim under Section 504 and Title VI

Docket Entries

2021-12-06
Petition DENIED.
2021-11-09
DISTRIBUTED for Conference of 12/3/2021.
2021-11-01
Waiver of right of respondent Trustees of Dartmouth College to respond filed.
2021-10-29
Waiver of right of respondents USC Keck School of Medicine; Gibson, Dunn & Crutcher LLP to respond filed.
2021-10-29
Waiver of right of respondent Dartmouth-Hitchcock Medical Center to respond filed.
2021-10-28
Waiver of right of respondent New Hampshire Board of Medicine to respond filed.
2021-10-22
Petition for a writ of certiorari filed. (Response due November 26, 2021)

Attorneys

Dartmouth-Hitchcock Medical Center
William D. PandolphSulloway & Hollis, P.L.L.C., Respondent
Dr. Jeffrey Isaacs
Keith Allen MathewsAssociated Attorneys of New England, Petitioner
New Hampshire Board of Medicine
Anthony Jordan GaldieriNew Hampshire Department of Justice, Respondent
Trustees of Dartmouth College
Pierre A. ChabotDevine Millimet & Branch, PA, Respondent
USC Keck School of Medicine; Gibson, Dunn & Crutcher LLP
Thomas G. HungarGibson, Dunn & Crutcher LLP, Respondent