Michael Bright-Asante v. Saks & Company, Inc., et al.
SocialSecurity Securities Immigration
Did the Second Circuit apply the correct standard of review?
QUESTIONS PRESENTED The following questions are presented: 1. Did the Second Circuit Court of Appeals in its de _novo review, and the United States District Court for the Southern District of New York, apply the correct standard of review in this action as reiterated by this Court in Tolan v. Cotton, 572 U.S. 650 (2014)? 2. Was the Second Circuit, in its affirmance, correct to make credibility determinations in favor of Saks & Company, as the moving party on summary judgment, against Petitioner herein; and did they properly draw inferences against the Petitioner? 3. If the Second Circuit applied the incorrect standard of review, did that fact result in an erroneous determination against the Petitioner? 4. If the incorrect standard of review was applied, did the application of the incorrect standard deprive Petitioner of the right to jury trial guaranteed to him under the Seventh Amendment to the Constitution of ii the United States? 5. Was the Second Circuit correct in not separately analyzing Petitioner's claim under the New York City Human Rights Law, as distinct from 42 USC Section 1981?