Multnomah County, Oregon v. Updike

Petition for certiorari denied on October 1, 2018

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1222	9th Cir.	N/A	N/A	N/A	N/A	OT 2018

Issues: (1) Whether the level of discriminatory intent required to award compensatory damages under the Americans with Disabilities Act, 42 U.S.C. § 12132, and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, is “discriminatory animus,” as three circuits have held, or “deliberate indifference,” as five circuits have held; and (2) whether the provision of an effective accommodation can amount to discriminatory intent.

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Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Feb 26 2018	Petition for a writ of certiorari filed. (Response due April 2, 2018)
Mar 19 2018	Motion to extend the time to file a response from April 2, 2018 to May 2, 2018, submitted to The Clerk.
Mar 26 2018	Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2018.
Apr 16 2018	Motion to extend the time to file a response from May 2, 2018 to June 1, 2018, submitted to The Clerk.
Apr 19 2018	Motion to extend the time to file a response is granted and the time is further extended to and including June 1, 2018.
Jun 01 2018	Brief of respondent David Updike in opposition filed.
Jun 15 2018	Reply of petitioner Multnomah County filed.
Jun 20 2018	DISTRIBUTED for Conference of 9/24/2018.
Oct 01 2018	Petition DENIED.

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- Lorenzo v. Securities and Exchange Commission Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator cannot be held liable under Rule 10b–5(b).
- Republic of Sudan v. Harrison When civil process is served on a foreign state under the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. §1608(a)(3) requires a mailing to be sent directly to the foreign minister’s office in the foreign state.
- Sturgeon v. Frost Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.
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- Barton v. Barr Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] . . . inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Multnomah County, Oregon v. Updike

SCOTUSblog Coverage

Featured Posts

Relist Watch: The Muller Report – John Elwood

Argument analysis: Court worries that state trust tax may tax trust income that is never distributed to in-state beneficiary – Erin Scharff

Argument analysis: Spinning heads and swimming constitutional rights in debates over an accrual rule – Howard M. Wasserman

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