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University of Texas Southwestern Medical Center v. Nassar

Docket No.12-484
Op. Below5th Cir.
ArgumentApr 24, 2013
Vote5-4
AuthorAnthony McLeod Kennedy
OpinionJun 24, 2013
TermOctober Term 2012
SCOTUS PageOpinion

Holding

Employee retaliation claims filed under Title VII of the Civil Rights Act of 1964 must be proved according to traditional principles of but-for causation, not the lessened causation test stated in the 42 U.S.C. § 2000e"2(m).

Judgment

Vacated and remanded, 5-4, in an opinion by Anthony McLeod Kennedy on Jun 24, 2013. Justice Ginsburg filed a dissenting opinion in which Justice Breyer, Justice Sotomayor, and Justice Kagan joined.

Holding: Employee retaliation claims filed under Title VII of the Civil Rights Act of 1964 must be proved according to traditional principles of but-for causation, not the lessened causation test stated in the 42 U.S.C. § 2000e”2(m).

Judgment:”Vacated and remanded, 5-4, in an opinion by Justice Kennedy on June 24, 2013. Justice Ginsburg filed a dissenting opinion in which Justice Breyer, Justice Sotomayor, and Justice Kagan joined.

Proceedings & orders timeline

Oct 17, 2012
Petition for a writ of certiorari filed. (Response due November 19, 2012)
Nov 5, 2012
Order extending time to file response to petition to and including December 18, 2012.
Nov 19, 2012
Brief amici curiae of Equal Employment Advisory Council, et al. filed.
Dec 18, 2012
Brief of respondent Naiel Nassar in opposition filed.
Dec 26, 2012
DISTRIBUTED for Conference of January 11, 2013.
Dec 26, 2012
Reply of petitioner University of Texas Southwestern Medical Center filed. (Distributed)
Jan 14, 2013
DISTRIBUTED for Conference of January 18, 2013.
Jan 18, 2013
Petition GRANTED.
Feb 11, 2013
SET FOR ARGUMENT ON Wednesday, April 24, 2013
Feb 26, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 28, 2013
Record from U.S.D.C. for Northern District of Texas is electronic.
Mar 4, 2013
Joint appendix filed. (Statement of costs filed.) (Distributed)
Mar 4, 2013
Brief of petitioner University of Texas Southwestern Medical Center filed. (Distributed)
Mar 4, 2013
Record from U.S.C.A. for 5th Circuit is electronic.
Mar 8, 2013
CIRCULATED.
Mar 8, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Mar 11, 2013
Brief amici curiae of Chamber of Commerce of the United States of America and the Retail Litigation Center filed. (Distributed)Mar 11, 2013
Brief amici curiae of Equal Employment Advisory Council, et al. filed. (Distributed)Mar 11, 2013
Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)Mar 11, 2013
Brief amici curiae of American Council on Education, et al. filed. (Distributed)Mar 11, 2013
Brief amici curiae of Michigan, et al. filed. (Distributed)Mar 11, 2013
Brief amicus curiae of New England Legal Foundation filed. (Distributed)
Mar 11, 2013
Brief amicus curiae of National School Boards Association filed. (Distributed)
Mar 15, 2013
Consent to filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Naiel Nassar.
Apr 3, 2013
Brief amici curiae of Washington Lawyers Committee for Civil Rights and Urban Affairs, et al. filed. (Distributed)Apr 3, 2013
Brief of respondent Naiel Nassar filed. (Distributed)
Apr 10, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 10, 2013
Brief amici curiae of American-Arab Anti-Discrimination Committee, et al. filed. (Distributed)Apr 10, 2013
Brief amicus curiae of United States filed. (Distributed)Apr 10, 2013
Brief amici curiae of Foundation for Individual Rights in Education, et al. filed. (Distributed)Apr 10, 2013
Brief amici curiae of Committee of Interns and Residents SEIU, et al. filed. (Distributed)Apr 10, 2013
Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed. (Distributed)Apr 10, 2013
Brief amicus curiae of American Association of University Professors filed. (Distributed)Apr 10, 2013
Brief amici curiae of Employment Law Professors filed. (Distributed).Apr 10, 2013
Brief amici curiae of National Employment Lawyers Association, et al. filed. (Distributed)Apr 10, 2013
Brief amicus curiae of National Education Association filed. (Distributed)
Apr 12, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 17, 2013
Reply of petitioner University of Texas Southwestern Medical Center filed. (Distributed)Apr 24, 2013
Argued. For petitioner: Daryl L. Joseffer, Washington, D. C. For respondent: Brian P. Lauten, Dallas, Tex.; and Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 24, 2013
Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
Jul 26, 2013
JUDGMENT ISSUED.

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