No. 21-675

Jeffrey G. Carswell, et al. v. E. Pihl & Sons, et al.

Lower Court: First Circuit
Docketed: 2021-11-05
Status: Denied
Type: Paid
Tags: administrative-law administrative-support congressional-intent director-standing federal-review-jurisdiction jurisdictional-review labor-director longshore-and-harbor-workers-compensation-act private-fund statutory-interpretation wage-loss-claims workers-compensation
Key Terms:
Securities JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the First Circuit's finding that a US Labor Director could oppose Petitioners' wage-loss claims to protect a privately-financed Fund violates Congress's intention for Directors to exercise only administrative support functions in cases under the Longshore and Harbor Workers Compensation Act?

Question Presented (from Petition)

QUESTION PRESENTED FOR A WRIT OF CERTIORARI The Longshore and Harbor Worker’s Compensation Act (LHWCA) If the First Circuit had jurisdiction to review Petitioners’ wage-loss claims, did its finding that a US Labor Director could oppose their claims to protect a privately-financed Fund, violate Congress’s intention for Directors to exercise only administrative support functions in cases under the Longshore and Harbor Workers Compensation Act?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-19
DISTRIBUTED for Conference of 2/18/2022.
2022-01-17
Reply of petitioners Jeffrey G. Carswell, et al. filed. (Distributed)
2022-01-05
Brief of respondent Federal Respondent in opposition filed.
2022-01-05
Brief of respondent E. Pihl in opposition filed.
2021-11-18
Motion to extend the time to file a response is granted and the time is extended to and including January 5, 2022, for all respondents.
2021-11-16
Motion to extend the time to file a response from December 6, 2021 to January 5, 2022, submitted to The Clerk.
2021-11-02
Petition for a writ of certiorari filed. (Response due December 6, 2021)

Attorneys

E. Pihl
Sarah B. BiserFox Rothschild LLP, Respondent
Sarah B. BiserFox Rothschild LLP, Respondent
Jeffrey G. Carswell, et al.
Ian Anderson — Petitioner
Ian Anderson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent