No. 22-34

Wei-Ping Zeng v. Marshall University, et al.

Lower Court: Fourth Circuit
Docketed: 2022-07-12
Status: Denied
Type: Paid
Tags: adverse-employment-action civil-procedure discrimination-claim employment-retaliation federal-rules-appellate-procedure federal-rules-of-appellate-procedure judicial-proceedings record-on-appeal standing supervisory-power
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the lower courts have departed from the accepted and usual course of judicial proceedings by refusing to provide Petitioner the record on appeal (ROA), and this Court should exercise its supervisory power to order the lower courts to comply with Federal Rules of Appellate Procedure

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the lower courts have departed from the accepted and usual course of judicial proceedings by refusing to provide Petitioner the record on appeal (ROA), and this Court should exercise its supervisory power to order the lower courts to comply with Federal Rules of Appellate Procedure (FRAP). 2. Whether this Court should provide more definite guidelines to balance a court’s responsibility to determine discrimination by blatant disparate treatments of employees and avoidance to sit as a : “super personnel department”. 3. Whether an unauthorized warning of potential termination of employment instead of the termination itself is the adverse employment action for the purpose of determining unlawful retaliation. i Tn (b) LISTS OF ALL PARTIES AND PROCEEDINGS Parties The caption of the case contains the names of all parties. Respondents were represented by ; counsels Brian D. Morrison and Eric D. Salyers. Proceedings | Wei-ping Zeng v. Marshall University; Jerome A. Gilbert; Joseph Shapiro; W. Elaine Hardman; Donald | A. Primerano; Richard Egleton. The U.S. District Court for Southern West Virginia in Huntington. | Docket No. 3:17-CV-03008. Date of Judgment: March 26, 2020. Wei-ping Zeng v. Marshall University; Jerome A. Gilbert; Joseph Shapiro; W. Elaine Hardman; Donald A. Primerano; Richard Egleton. The U.S. Court of Appeals for the Fourth Circuit. Docket No. 20-1481. Date of Judgment: January 11, 2022. . ii Wei-ping Zeng v. Marshall University; Jerome A. Gilbert; Joseph Shapiro; W. Elaine Hardman; Donald A. Primerano; Richard Egleton. The U.S. Court of Appeals for the Fourth Circuit. (Petition for panel and en banc rehearing). Docket No. 20-1481. Date of Decision: February 8, 2022. Date of Judgment: February 16, 2022. (c) TABLES OF CONTENTS AND AUTHORITIES

Docket Entries

2022-10-03
Petition DENIED.
2022-08-31
DISTRIBUTED for Conference of 9/28/2022.
2022-08-22
2022-08-08
Brief of respondent Marshall University, et al. in opposition filed. (Aug. 29, 2022)
2022-05-04

Attorneys

Marshall University, et al.
Brian Dale MorrisonOxley Rich Sammons, PLLC, Respondent
Brian Dale MorrisonOxley Rich Sammons, PLLC, Respondent
Wei-Ping Zeng
Wei-Ping Zeng — Petitioner
Wei-Ping Zeng — Petitioner