Does the Fifth Amendment require appellate courts to rule on a petitioner's briefed arguments and alleged facts rather than unraised theories and facts? Can a defendant employer dismiss a claim brought under the Fair Labor Standards Act (FLSA) by filing an unsigned Rule 41(a)(1) stipulation of dismissal without plaintiffs consent?

1. Does the Fifth Amendment require appellate courts to rule on a petitioner ’s briefed arguments and alleged facts rather than unraised theories and facts? 2. Can a defendant employer dismiss a claim brought under the Fair Labor Standards Act (FLSA) by filing an unsigned Rule 41(a)(1) stipulation of dismissal without plaintiffs consent? Opinions Below 1. Brent Andrew Brackett Arbogast v. Pfizer, Inc., et al., No. 22-cv-10156-DJC, United States District Court for the District of Massachusetts. Memorandum and Order dismissing all claims entered February 9, 2023 (ECF No. 85, Pg. xiixxxvii). 2. Brent Andrew Brackett Arbogast v. Pfizer, Inc., et al., No. 23-1481, United States Court of Appeals for the First Circuit. Judgment affirming dismissal entered June 20, 2024 (ECF No. 6650132, unreported, Pg. xxxviiixliv). Rehearing en banc denied October 4, 2024 (ECF No. 6672565, Pg. xlv-xlvi).