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TULANE'S DISCRIMINATION, DEFAMATION, AND RETALIATION AGAINST
JEWISH PROFESSOR ASSERTED IN WRONGFUL TERMINATION
AND SUBSEQUENT LAWSUITS

Lawsuits
.  .  .
Petition Congress Home
Most Recent Case
Complaint
Lawsuit Against Tulane University for Discriminatory Discharge.

Civil Action No. 95-358, filed Jan. 31, 1995 in U.S. District Court for the Eastern District of Louisiana, Judge Ginger Berrigan presiding.  Second Amended Complaint filed Nov. 21, 1995.

Brief
Plaintiff's Response to Defendant's Pretrial Memorandum.  Filed July 8, 1996.
Brief
Supplemental Memorandum in Opposition to Defendant's Motion for Summary Judgment.  Filed July 8, 1996.
Pre-Trial Order
Filed Aug. 30, 1996 in preparation for a trial.
Order and Reasons
Judge Berrigan's rationale for denying a trial and awarding favorable judgment to Tulane.  Filed Apr. 15, 1997.
Appeal
Original Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant.  Case No. 97-30575, filed Aug. 4, 1997 in U.S. Court of Appeals for the Fifth Circuit.
Brief
Reply Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant.  Filed Sept. 22, 1997.
Judgment
Appellate court affirms lower court decision to award favorable judgment to Tulane.  Filed Jan. 8, 1998.
Brief
Supplemental Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant.  Filed Jan. 9, 1998.
Petition
Petition for Rehearing on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant.  Filed Jan. 22, 1998.
Petition to Supreme Court
Petition for Writ of Certiorari to U.S. Supreme Court.  Case No. 97-1844, filed May 6, 1998.

Complaint
Lawsuit against TIAA and Tulane University for denial of disability benefits.

Case No. 98-6317, filed Apr. 8, 1998 in Civil District Court for the Parish of Orleans, State of Louisiana, but removed by Tulane to U.S. District Court for the Eastern District of Louisiana as Civil Action No. 98-1577, Judge Ginger Berrigan presiding.


Complaint
Combined lawsuit against Tulane University for retaliation and defamation.

First Amended Complaint, filed Nov. 9, 1998.

Lawsuit for defamation: Case No. 97-20805, filed Nov. 25, 1997 in Civil District Court for the Parish of Orleans, State of Louisiana.  Removed by Tulane as Civil Action 98-2102 to U.S. District Court for the Eastern District of Louisiana, Judge Helen Ginger Berrigan presiding.

Lawsuit for retaliation: Civil Action No. 98-1792, filed June 18, 1998 in U.S. District Court for the Eastern District of Louisiana.  This was consolidated with the above defamation lawsuit by Judge Berrigan.

Motion
Motion to recuse Judge Berrigan.  Filed Oct. 15, 1998.
Minute Entry
Judge Berrigan's denial of motion for her recusal.  Filed Nov. 23, 1998.
Motion
Motion of attorneys to withdraw from case.  Filed Feb. 8, 1999.
Minute Entry
Judge Berrigan's acceptance of attorneys' withdrawal.  Filed Feb. 8, 1999.


Petition for Writ of Mandamus to recuse Judge Ginger Berrigan, submitted to the Fifth Circuit Court of Appeals
and subsequently to the U.S. Supreme Court
(Fifth Circuit Docket No. 99-30614; Supreme Court Docket No. 99-372)

Fifth Circuit Petition for Writ of Mandamus
June 14, 1999.
Judge's Response to Petition
June 21, 1999.
Reply to Judge's Response
June 24, 1999.
U.S. Supreme Court Petition for Writ of Mandamus
August 30, 1999.  (See document PDF)
Petitioner's Reply to Respondent's Brief in Opposition
October 8, 1999.  (See document PDF)

Pre-Trial Order
Filed Jan. 4, 2000 by new counsel in preparation for a trial scheduled Jan. 18, 2000.
Order and Reasons
Judge Berrigan's rationale for denying the trial and awarding favorable judgment to Tulane.  Filed Apr. 18, 2000.
Motion
Motion for Reconsideration.  A request for Judge Berrigan to recuse herself, and/or amend her judgment, and/or permit a trial on the merits.  Filed May 2, 2000.
Motion
Reply to Tulane's Opposition to Reconsideration.  A further affirmation of arguments in favor of Judge Berrigan's recusal.  Filed May 18, 2000.
Order and Reasons
Judge's rationale for refusing to recuse herself and denying plaintiff's motion for reconsideration.  Filed May 31, 2000.
Appeal
Original Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant.  Case No. 00-30704, filed Sept. 6, 2000 in U.S. Court of Appeals for the Fifth Circuit.
Brief
Reply Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant.  Filed Dec. 7, 2000.  Oral arguments Apr. 3, 2001.
Judgment
Appellate court affirms lower court's decision against recusal, but Chief Judge King dissents.  Filed Apr. 10, 2001.
Petition
Request for a rehearing en banc based, in part, on Chief Judge King's dissent and Justice Scalia's recusal in other Tulane cases.  Filed Apr. 24, 2001.
Petition to Supreme Court
Petition for Writ of Certiorari to U.S. Supreme Court.  Case No. 01-249.  Filed Aug. 9, 2001.
Brief
Reply to Tulane's Brief in Opposition to Writ of Certiorari.  Filed Oct. 19, 2001.

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