No. 22-817

Jeannie Parker v. United Airlines, Inc.

Lower Court: Tenth Circuit
Docketed: 2023-02-28
Status: Denied
Type: Paid
Response Waived
Tags: cat's-paw circuit-split employment-discrimination family-medical-leave-act fmla-interpretation independent-investigation proximate-causation staub-precedent summary-judgment tenth-circuit-standard
Key Terms:
Arbitration ERISA EmploymentDiscrimina Jurisdiction
Latest Conference: 2023-03-31
Question Presented (AI Summary)

Whether the standard for proximate causation applied by the court of appeals below conflicts with Staub v. Proctor Hospital

Question Presented (from Petition)

QUESTION PRESENTED Whether the standard for proximate causation applied by the court of appeals below, and in other Tenth Circuit cases, conflicts with this Court’s decision in Stawb v. Proctor Hospital, 562 U.S. 411 (2011) — and the postStaub approaches taken by other circuit courts — to the extent that the Tenth Circuit’s test dictates that an employer’s independent investigation into a biased supervisor’s recommendation automatically breaks the chain of causation in “cat’s paw” cases brought under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq. i RELATED CASES STATEMENT Jeannie Parker v. United Airlines, Inc., No. 2:19-cev00045-BSJ, U.S. District Court for the District of Utah. Judgment entered June 28, 2021. Jeannie Parker v. United Airlines, Inc., No. 21-4093, U.S. Court of Appeals for the Tenth Circuit. Judgment entered November 23, 2022.

Docket Entries

2023-04-03
Petition DENIED.
2023-03-15
DISTRIBUTED for Conference of 3/31/2023.
2023-03-06
Waiver of right of respondent United Airlines, Inc. to respond filed.
2023-02-21
Petition for a writ of certiorari filed. (Response due March 30, 2023)

Attorneys

Jeannie Parker
Peter Michael KatsarosHahn Loeser & Parks LLP, Petitioner
Peter Michael KatsarosHahn Loeser & Parks LLP, Petitioner
United Airlines, Inc.
Jessica E. WhelanHolland & Hart, LLP, Respondent
Jessica E. WhelanHolland & Hart, LLP, Respondent