No. 20-184

Jamel Ellerbee v. Annett Holdings, Inc., dba TMC Transportation, et al.

Lower Court: Fourth Circuit
Docketed: 2020-08-19
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 29-cfr-1987-110-b 49-usc-31105 administrative-procedure administrative-procedure-act commercial-motor-vehicle due-process employee-retaliation equal-protection judicial-review statutory-construction transportation
Key Terms:
AdministrativeLaw Arbitration DueProcess
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (from Petition)

Whether statutory construction of 49 U.S.C. §31105 conflicts with judicial review, 29 C.F.R. § 1987.110(b), of the Administrative Procedure Act?

Whether the statutory kick-out provision, 49 U.S.C. § 31105 (c), ever expires and if administrative exhaustion is required before kick-out?

Whether after a primafacie has been presented to the Secretary of Labor, and has not been overturned by clear and convincing evidence, does USDOL's duty to enforce 4.9 USC §31105 ever expire?

Whether the STAA covers retaliation against all hired employees, by the employer, for transportation of goods by commercial motor vehicle?

Whether OSHA's Final Rule of Implementing the 9/11 Commission Act is in direct conflict with statutory construction of 49 U.S.C. § 31105, contrary to the equal protection and due process clauses of the Fifth and Fourteenth Amendments, and is also arbitrary, capricious, and unlawful?

Question Presented (AI Summary)

Whether statutory construction of 49 U.S.C. § 31105 conflicts with judicial review, 29 C.F.R. § 1987.110(b), of the Administrative Procedure Act?

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-11-09
Petition for Rehearing filed.
2020-10-19
Petition DENIED.
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-09-17
Waiver of right of respondent Department of Labor to respond filed.
2020-09-08
Waiver of right of respondent Annett Holdings, Inc., dba TMC Transportation, et al. to respond filed.
2020-07-09
Petition for a writ of certiorari filed. (Response due September 18, 2020)

Attorneys

Annett Holdings, Inc., dba TMC Transportation, et al.
Dana Hefter DavisYoung Moore & Henderson, P.A., Respondent
Department of Labor
Jeffrey B. WallActing Solicitor General, Respondent
Jamel Ellerbee
Jamel Ellerbee — Petitioner