No. 20-5828

Roderick A. Carter v. CPC Logistics, Inc., et al.

Lower Court: Fourth Circuit
Docketed: 2020-09-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law burden-of-proof driver-fatigue employer-admissions employment-discrimination federal-regulations protected-activity retaliation staa-protection trucking-safety whistleblower-protection
Key Terms:
Arbitration
Latest Conference: 2021-01-08
Question Presented (AI Summary)

When an employer admits to a violation in writing to the federal government, should they be held accountable to their words?

Question Presented (OCR Extract)

QUESTIONS PRESENTED When an employer admits to a violation in writing to the federal government, should they be held accountable to their words? When a protected activity is made, is it protected ,or is the bar so low where it can be disrupted by a ALJ simply saying that person was not telling the truth when they made the complaint? Once a protected activity is established, can an ALJ ask for it to be interpreted to mean something different than the protected activity? 3 OPINIONS BELOW The opinion of the Court of Appeals is the reported at 17-1095 and 19-2135. JURISDICTION The Court of Appeals entered judgment on April 7, 2020. A petition for rehearing and rehearing en banc was denied on June 9, 2020. RELEVANT STATUTORY PROVISION The Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C & 31105.

Docket Entries

2021-01-11
Petition DENIED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-11-25
Brief of respondents CPC Logistics, Inc. and CPC Medical Products, LLC in opposition filed.
2020-10-28
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2020.
2020-10-28
Waiver of right of respondent United States to respond filed.
2020-10-27
Motion to extend the time to file a response from October 28, 2020 to November 27, 2020, submitted to The Clerk.
2020-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2020)

Attorneys

CPC Logistics, Inc. and CPC Medical Products, LLC
Michael Francis HarrisHarris, Dowell, Fisher & Young, L.C., Respondent
Michael Francis HarrisHarris, Dowell, Fisher & Young, L.C., Respondent
Michael F. HarrisHarris Dowell Fisher & Young, L.C., Respondent
Michael F. HarrisHarris Dowell Fisher & Young, L.C., Respondent
Roderick A. Carter
Roderick A. Carter — Petitioner
Roderick A. Carter — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent