No. 20-184

Jamel Ellerbee v. Annett Holdings, Inc., dba TMC Transportation, et al.

Lower Court: Fourth Circuit
Docketed: 2020-08-19
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 29-cfr-1987-110-b 49-usc-31105 administrative-procedure administrative-procedure-act commercial-motor-vehicle due-process employee-retaliation equal-protection judicial-review statutory-construction transportation
Key Terms:
AdministrativeLaw Arbitration DueProcess
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (AI Summary)

Whether statutory construction of 49 U.S.C. § 31105 conflicts with judicial review, 29 C.F.R. § 1987.110(b), of the Administrative Procedure Act?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether statutory construction of 49 U.S.C. § 31105 conflicts with judicial review, 29 C.F.R. § 1987.110(b), of the Administrative Procedure Act? Whether the statutory kick-out provision, 49 U.S.C. § 31105 (c), ever expires and if administrative exhaustion is required before kick-out? Whether after a prima facie has been presented to the Secretary of Labor, and has not been overturned by clear and convincing evidence, does USDOL's duty to enforce 49 . USC $ 31105 ever expire? Whether the STAA covers retaliation against all hired employees, by the employer, for transportation of goods by commercial motor vehicle? Whether OSHA's Final Rule of Implementing the 9/11 Commission Act is in direct conflict with statutory construction of 49 U.S.C. § 31105, contrary to the equal protection and due process clauses of the Fifth and Fourteenth Amendments, and is also arbitrary, capricious, and unlawful? . , 1

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-11-09
Petition for Rehearing filed.
2020-10-19
Petition DENIED.
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-09-17
Waiver of right of respondent Department of Labor to respond filed.
2020-09-08
Waiver of right of respondent Annett Holdings, Inc., dba TMC Transportation, et al. to respond filed.
2020-07-09
Petition for a writ of certiorari filed. (Response due September 18, 2020)

Attorneys

Annett Holdings, Inc., dba TMC Transportation, et al.
Dana Hefter DavisYoung Moore & Henderson, P.A., Respondent
Dana Hefter DavisYoung Moore & Henderson, P.A., Respondent
Department of Labor
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent
Jamel Ellerbee
Jamel Ellerbee — Petitioner
Jamel Ellerbee — Petitioner