No. 23-1370

David Dunlap v. JetBlue Airways Corporation, et al.

Lower Court: New York
Docketed: 2024-07-02
Status: Denied
Type: Paid
Tags: 14th-amendment 5th-amendment administrative-law civil-procedure due-process equal-protection procedural-requirements right-to-counsel workers-compensation
Key Terms:
DueProcess FourthAmendment FifthAmendment Securities JusticiabilityDoctri
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Is due process of law violated by refusal to hear administrative appeal due to omission in information block?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is due process of law guaranteed by the 5th and 14th Amendments to the Constitution of the United States violated by the Board’s refusal to hear petitioner’s administrative appeal pursuant to Worker’s Compensation Law Section 23 owing to an omission from an information block 3/64th of an inch high, so small the brain cannot process it when an alternate source of the same information is listed? 2. Does burdening the right to counsel in civil cases guaranteed by the 5th and 14th Amendments to the United States Constitution to the point that the Board can refuse to entertain a less than perfectly filled out Application for Board Review (form RB 89) notwithstanding lack of prejudice to opposing parties? 3. Is equal protection of the law guaranteed by the 14th Amendment by burdening the exercise of the right to counsel with a requirement that Application for Board Review (RB 89) be completed perfectly?

Docket Entries

2024-10-15
Petition DENIED.
2024-09-18
DISTRIBUTED for Conference of 10/11/2024.
2024-08-30
Brief of JetBlue Airways Corp., et al., et al. in opposition submitted.
2024-08-30
Brief of respondents JetBlue Airways Corp., et al. in opposition filed.
2024-08-07
Letter of August 7, 2024 from counsel for petitioner submitted in response to respondent's motion for an extension of time received.
2024-08-07
Motion to extend the time to file a response is granted and the time is extended to and including September 3, 2024.
2024-08-01
Motion of JetBlue Airways Corp., et al., et al. for an Extension for leave to file motion to dismiss or affirm submitted.
2024-08-01
Motion to extend the time to file a response from August 1, 2024 to September 3, 2024, submitted to The Clerk. (Received August 7, 2024)
2024-06-28
2024-05-30
Application (23A1063) granted by Justice Sotomayor extending the time to file until July 1, 2024.
2024-05-22
Application (23A1063) to extend the time to file a petition for a writ of certiorari from May 22, 2024 to July 1, 2024, submitted to Justice Sotomayor.

Attorneys

David Dunlap
John Francis ClennanJohn F. Clennan, Esq., Petitioner
JetBlue Airways Corp., et al., et al.
William Thomas O'ConnellGoldberg Segalla, LLP, Respondent