UC Hastings Appellate Project Achieves Victory In Ninth Circuit Race Discrimination Case

On November 10, 2011, the UC Hastings Appellate Project obtained a reversal from the Ninth Circuit Court of Appeals in Cormier v. All American Asphalt.

During their third year as UC Hastings students, Teresa Li '11 and Brian Pettit '11 represented Ian Cormier in his appeal of a district court's order dismissing Mr. Cormier's employment discrimination claims. Mr. Cormier alleged that the employer discriminated against him based on his race by giving him and other African American employees fewer work hours and by placing him under the supervision of a less-qualified white employee. Also, Mr. Cormier alleged that other employees used racially discriminatory language against him while on the job and that supervisors refused to address the harassment.

Ms. Li and Mr. Pettit filed opening and reply briefs on behalf of Mr. Cormier, and Ms. Li argued the case on March 16, 2011. The unanimous three-judge panel found that the district court had applied the incorrect legal standard when reviewing Mr. Cormier's complaint. Accordingly, the panel reversed the district court's dismissal order.

This decision makes the UC Hastings Appellate Project's success rate 100% for the 2010-11 school year -- with three reversals in three appeals. And in the prior school year, the first year of existence, the Project obtained a reversal in one of two cases. In the other case, one circuit judge wrote a dissenting opinion siding with the Hastings students. The UC Hastings Appellate Project is directed by Gary A. Watt of Archer Norris and the assistant director is Stephen Tollafield of UC Hastings. The UC Hastings Moot Court Program provides the opportunity for talented third year advocates to represent pro se litigants through the UC Hastings Appellate Project. This representation is made possible and coordinated by the Court of Appeals for the Ninth Circuit Pro Bono Program.