| 22-762 |
Robert Kreb v. Department of Labor |
Ninth Circuit |
2023-02-13 |
Denied |
Response Waived |
administrative-law administrative-procedure agency-discretion agency-review arbitrary-and-capricious employee-protection employee-protection-rights evidentiary-burden standard-of-review statutory-interpretation |
What is the appropriate standard of review when an agency administrative law judge abuses their discretion, is arbitrary and capricious or otherwise u… |
| 20-8137 |
Marilynn M. McRae v. Donnie Harrison, Sheriff, Wake County, North Carolina |
Fourth Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
administrative-law administrative-procedure civil-rights disability due-process eeoc-duty employee-protection employment government-agency light-duty-policy workplace-discrimination |
Whether EEOC has a duty to protect employees from discriminatory light duty policies |
| 20-942 |
Christopher L. Buie v. Department of Labor, Administrative Review Board |
Eighth Circuit |
2021-01-13 |
Denied |
Response WaivedRelisted (2) |
administrative-findings discrimination-claims employee-protection issue-preclusion substantial-evidence surface-transportation-assistance-act unsafe-acts vehicle-operation |
Does the 'refuses to operate' clause under the Surface Transportation Assistance Act afford protection to employees who refuse to commit unsafe acts w… |
| 19-182 |
Francisca Guillen v. Dollar Tree Stores, Inc. |
Ninth Circuit |
2019-08-09 |
Denied |
Response Waived |
california-labor-code california-law district-court-discretion electronic-records employee-protection employee-rights jury-instructions labor-code labor-law labor-standards-enforcement statutory-interpretation wage-statements |
Whether it was error not to instruct a jury on the law set forth in almost 20-years of opinions of California's Department of Labor Standards Enforcem… |
| 19-5116 |
Tasheena V. Stewart v. Dartmouth Hitchcock Mary Hitchcock Memorial Hospital |
First Circuit |
2019-07-09 |
Denied |
Response WaivedIFP |
civil-rights due-process employee-protection employment employment-discrimination human-resources-liability institutional-accountability retaliation title-vii wrongful-termination |
Whether employees can be protected when an institution can formulate a false narrative for violation of company policy, even when the employee is prov… |
| 19-33 |
Kevin Wallace v. Andeavor Corporation |
Fifth Circuit |
2019-07-03 |
Denied |
Response Waived |
circuit-split civil-rights employee-protection federal-prohibitions matter-of-law objective-reasonableness sarbanes-oxley sarbanes-oxley-act trier-of-fact whistleblower whistleblower-protection whistleblower-retaliation |
Should the determination under § 1514A(a) as to whether an employee's belief was objectively reasonable be made by the trier of fact, so long as reaso… |
| 18-163 |
James P. Teufel v. The Northern Trust Company, et al. |
Seventh Circuit |
2018-08-06 |
Denied |
Response Waived |
accrued-benefits age-discrimination compensation defined-benefit-plan disparate-impact disparate-impact-theory employee-protection erisa-anti-cutback-rule pension-benefits pension-plan-changes |
Does an employer violate ERISA's anti-cutback rule by amending its defined benefit plan in a manner that freezes the promised growth of previously-acc… |