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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 of?cial 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 of?cial 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 of?cial duties (the rule in the Ninth Circuit).

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/29/2012Petition for a writ of certiorari filed. (Response due October 1, 2012)
09/28/2012Waiver of right of respondent Sears Holding Corporation, dba Sears, Roebuck & Company to respond filed.
10/10/2012DISTRIBUTED for Conference of October 26, 2012.
10/18/2012Response Requested . (Due November 19, 2012)
11/16/2012Order extending time to file response to petition to and including December 19, 2012.
12/19/2012Brief of respondent Sears Holding Corporation, dba Sears, Roebuck & Company in opposition filed.
01/02/2013DISTRIBUTED for Conference of January 18, 2013.
01/02/2013Reply of petitioner Janet Brush filed. (Distributed)
01/22/2013Petition DENIED.

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