Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

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

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).

SCOTUSblog Coverage

DateProceedings and Orders
Aug 29 2012Petition for a writ of certiorari filed. (Response due October 1, 2012)
Sep 28 2012Waiver of right of respondent Sears Holding Corporation, dba Sears, Roebuck & Company to respond filed.
Oct 10 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 18 2012Response Requested . (Due November 19, 2012)
Nov 16 2012Order extending time to file response to petition to and including December 19, 2012.
Dec 19 2012Brief of respondent Sears Holding Corporation, dba Sears, Roebuck & Company in opposition filed.
Jan 2 2013DISTRIBUTED for Conference of January 18, 2013.
Jan 2 2013Reply of petitioner Janet Brush filed. (Distributed)
Jan 22 2013Petition DENIED.
 
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