No. 22-649

Jacinta Downing v. Abbott Laboratories, et al.

Lower Court: Seventh Circuit
Docketed: 2023-01-12
Status: Denied
Type: Paid
Response Waived
Tags: burden-of-proof circumstantial-evidence civil-rights discrimination employment employment-discrimination judicial-interpretation pretext seventh-circuit
Key Terms:
SocialSecurity EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2023-03-03
Question Presented (AI Summary)

Whether the Seventh Circuit defeated the fundamental holding of this Court's decision in Costa when it affirmed the district court's refusal to allow plaintiff to use circumstantial evidence to establish the lie in defendant's explanation for taking adverse actions against plaintiff

Question Presented (OCR Extract)

QUESTION PRESENTED In Desert Palace, Inc. v. Costa, this Court rejected a lower court’s rule that required “direct evidence” to support a discrimination claim, and held that “treating circumstantial and direct evidence alike is both clear and deep-rooted: Circumstantial evidence is not only sufficient, but may also be more certain, satisfying and persuasive than direct evidence.” 539 U.S. 90, 100 (2008) (internal quotation marks omitted). The question presented is: Whether the Seventh Circuit defeated the fundamental holding of this Court’s decision in Costa when it affirmed the district court’s refusal to allow plaintiff to use circumstantial evidence to establish the lie in defendant’s explanation for taking adverse actions against plaintiff.

Docket Entries

2023-03-06
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2023-02-15
DISTRIBUTED for Conference of 3/3/2023.
2023-02-10
Waiver of right of respondent Abbott Laboratories, et al. to respond filed.
2023-01-10
Petition for a writ of certiorari filed. (Response due February 13, 2023)

Attorneys

Abbott Laboratories, et al.
John Caviness O'QuinnKirkland & Ellis LLP, Respondent
John Caviness O'QuinnKirkland & Ellis LLP, Respondent
Jacinta Downing
Linda Debra FriedmanStowell & Friedman, Ltd., Petitioner
Linda Debra FriedmanStowell & Friedman, Ltd., Petitioner