Case: AbouYabis v. Emory University
1:25-cv-02438 | U.S. District Court for the Northern District of Georgia
Filed Date: May 2, 2025
Case Ongoing
Clearinghouse coding complete
Case Summary
This case challenged Emory University (Emory) for allegedly unlawfully terminating a Palestinian Muslim faculty physician in retaliation for her private criticism of Israel’s actions in Gaza, while purportedly treating other faculty differently. Other cases involving universities’ responses to speech and activity concerning Israel and Palestine, including matters involving antisemitism and/or anti-Palestinian expression, can be found here.
On May 2, 2025, a Palestinian Muslim physician formerly employed as an Assistant Professor at the Emory School of Medicine and as a physician at the Emory Winship Cancer Institute filed this lawsuit in the U.S. District Court for the Northern District of Georgia against Emory, Emory Healthcare, StopAntisemitism.org and its executive director, two Emory faculty physicians, a private foundation and its principal founder, and ten unidentified individuals. The plaintiff alleged discrimination based on race, religion, and national origin under 42 U.S.C. § 2000e and D.C. Code § 2–1402.11. The case was assigned to Judge Eleanor L. Ross.
In the complaint, the plaintiff alleged that the defendants violated 42 U.S.C. § 2000e and D.C. Code § 2–1402.11 by subjecting her to disparate treatment and selectively enforcing conduct policies against her based on her private political speech, while failing to discipline non-Palestinian and non-Muslim faculty who engaged in comparable conduct. She alleged that, after posting criticism of Israel’s actions in Gaza on a private social media account and attending a protest, she was placed on administrative leave, was investigated for “professionalism” concerns, and ultimately was terminated while on approved medical leave; meanwhile, similarly situated faculty who publicly expressed opposing views allegedly faced no disciplinary action.
The plaintiff filed an amended complaint on May 19, 2025, adding nine defendants, including three senior Emory officials and several foundations, and removing one oncologist defendant and the ten previously unidentified John Doe defendants. The amended complaint asserted thirteen additional claims, including retaliation under the Americans with Disabilities Act (42 U.S.C. § 12203); racial discrimination under 42 U.S.C. § 1981; First Amendment retaliation and Fourteenth Amendment due process and equal protection violations under 42 U.S.C. § 1983; Title VI discrimination (42 U.S.C. § 2000d); FMLA interference (29 U.S.C. § 2615); hostile work environment under Title VII and the ADA; conspiracy to violate civil rights (42 U.S.C. § 1985(3)); and state-law claims for defamation, breach of contract, tortious interference with contract, and false light invasion of privacy. The plaintiff also requested specific relief, including damages, injunctive relief, a declaratory judgment, and attorneys’ fees.
On July 18, 2025, defendant Jason Weiden, one of the Emory faculty physicians, filed a motion to dismiss the amended complaint. Defendant Weiden asserted that the hostile work environment claim was untimely and improperly brought against him; the conspiracy claim lacked any alleged agreement; the defamation and false light claims were untimely and non-actionable; and the tortious interference claims lacked knowledge, wrongful means, or causation. Defendant Weiden further sought sanctions, asserting that the lawsuit was filed in bad faith.
On August 27, 2025, the Milstein defendants, consisting of a private foundation and its principal founder, filed a motion to dismiss and a motion for sanctions under Rule 11. The Milstein defendants argued that Rule 11 sanctions were warranted because the filing was made for an improper purpose, lacked evidentiary support, and asserted legal claims not justified by existing law or a legitimate argument for changing it.
The plaintiff filed a motion to stay briefing schedules for the pending motions to dismiss and Rule 11 motion on August 27, 2025, informing the court that she planned to file a second amended complaint. On September 3, 2025, the court granted the motion to stay and directed the plaintiff to file a second amended complaint or, in the alternative, a response to the defendants’ motions.
This case is ongoing.
Summary Authors
Dahlia Gottlieb (3/16/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70056094/parties/abouyabis-v-emory-university/
Hamed, Abdel-Rahman (Georgia)
Israelovitch, Lauren (Georgia)
Katz, David Forman (Georgia)
Panitch, Esther Dina (Georgia)
Pinkert, Mark (Georgia)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/70056094/abouyabis-v-emory-university/
Last updated March 25, 2026, 12:17 a.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Title VI Anti-Palestinian/Antisemitism cases
Key Dates
Filing Date: May 2, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A Palestinian Muslim physician formerly employed as an Assistant Professor at the Emory School of Medicine and as a physician at the Emory Winship Cancer Institute
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Private Entity/Person
Jason D. Weiden
Other
Adam and Gila Milstein Family Foundation
Defendant Emory Healthcare, Inc.
Emory University
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Title VII (including PDA), 42 U.S.C. § 2000e
Other Dockets:
Northern District of Georgia 1:25-cv-02438
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Discrimination Area:
Discrimination Basis:
National origin discrimination
Affected National Origin/Ethnicity(s):
Affected Religion(s):
Case Summary of AbouYabis v. Emory University, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/47314/ (last updated 3/16/2026).