Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.

Brush v. Sears Holding Corp.

Petition for certiorari denied on January 22, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-268 11th Cir. N/A N/A N/A N/A OT 2012
 
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Issue: Whether management officials are (1) subject to exclusion from protection under section 704(a) of Title VII if their actions are within the scope of their official duties (the rule in the Fifth, Eighth, Tenth and Eleventh Circuits); (2) protected under section 704(a) regardless of whether their actions are within the scope of their official duties (the rule in the Sixth and District of Columbia Circuits); or (3) subject to exclusion from protection under section 704(a) if their actions are not within the scope of their official duties (the rule in the Ninth Circuit).

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