No. 25-1073

Pennsylvania, et al. v. Jose Montanez, et al.

Lower Court: Third Circuit
Docketed: 2026-03-11
Status: Pending
Type: Paid
Tags: americans-with-disabilities-act appellate-procedure federal-funding-recipients party-presentation-principle section-504-rehabilitation-act vicarious-liability
Latest Conference: N/A
Question Presented (from Petition)

1. Did the Court of Appeals violate the party presentation principle by sua sponte inserting the derivative liability issue into the case?

2. Are public entities and recipients of federal funding vicariously liable for Title II and Section 504 violations committed by third-party contractors?

Question Presented (AI Summary)

Whether the Third Circuit violated the party presentation principle by sua sponte inserting a derivative liability issue not raised by any party, and whether public entities are vicariously liable under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act for violations committed by third-party contractors

Docket Entries

2026-03-19
Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2026.
2026-03-17
Motion of Jose Montanez, et al. for an extension of time submitted.
2026-03-17
Motion to extend the time to file a response from April 10, 2026 to May 11, 2026, submitted to The Clerk.
2026-03-09
Petition for a writ of certiorari filed. (Response due April 10, 2026)
2026-01-30
Application (25A688) granted by Justice Alito extending the time to file until March 7, 2026.
2026-01-21
Application (25A688) to extend further the time from February 5, 2026 to March 7, 2026, submitted to Justice Alito.
2025-12-12
Application (25A688) granted by Justice Alito extending the time to file until February 5, 2026.
2025-12-09
Application (25A688) to extend the time to file a petition for a writ of certiorari from January 6, 2026 to February 5, 2026, submitted to Justice Alito.

Attorneys

Commonwealth of Pennsylvania, et al.
Daniel Barrett MullenPennsylvania Office of Attorney General, Petitioner
Jose Montanez, et al.
Paul Whitfield HughesMcDermott Will & Schulte LLP, Respondent