No. 20-525
Harold E. Rutila, IV v. Department of Transportation
Response Waived
Tags: administrative-hearing administrative-law civil-procedure due-process federal-circuit hearing-waiver johnson-v-zerbst merit-systems-protection-board statutory-interpretation
Key Terms:
Arbitration DueProcess JusticiabilityDoctri
Arbitration DueProcess JusticiabilityDoctri
Latest Conference:
2020-12-04
Question Presented (from Petition)
Whether the Merit Systems Protection Board violated Petitioner's due process rights when an administrative judge failed to provide him a hearing, in violation of 5 U.S.C. § 7701(a), having not produced evidence of a hearing right waiver or that the required elements for a waiver, as held by this Court in Johnson v. Zerbst, 304 U.S. 458 (1938), had been met.
Question Presented (AI Summary)
Whether the Merit Systems Protection Board violated Petitioner's due process rights
Docket Entries
2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-03
Waiver of right of respondent Department of Transportation to respond filed.
2020-10-15
Petition for a writ of certiorari filed. (Response due November 19, 2020)
Attorneys
Department of Transportation
Jeffrey B. Wall — Acting Solicitor General, Respondent
Harold E. Rutila
Harold E. Rutila IV — Petitioner