No. 21-155

John M. Custin v. Harold J. Wirths, et al.

Lower Court: Third Circuit
Docketed: 2021-08-04
Status: Denied
Type: Paid
Response Waived
Tags: administrative-hearing civil-rights constitutional-challenge due-process inquisitorial-proceedings misconduct notice property-rights unemployment-benefits
Latest Conference: 2021-10-29
Question Presented (from Petition)

1. Does it violate constitutional due process when a worker is dispossessed by the state of a property right to unemployment benefits on a charge of "misconduct connected to the work " when the only issue the employer contended was "voluntary leaving " and "there were no other issues disputed by the Appellant employer?

2) Is a "stacked " "Notice of Appeal of a Telephone Hearing " [ which sets the issues to be raised for the employer

Question Presented (AI Summary)

Does the deprivation of unemployment benefits based on a charge of 'misconduct connected to the work' when the only issue the employer disputed was 'voluntary leaving' violate due process?

Docket Entries

2021-11-01
Petition DENIED.
2021-10-13
DISTRIBUTED for Conference of 10/29/2021.
2021-10-04
Waiver of right of respondents Federal respondents to respond filed.
2021-08-26
Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2021, for all respondents.
2021-08-25
Motion to extend the time to file a response from September 3, 2021 to October 4, 2021, submitted to The Clerk.
2021-08-11
Waiver of right of respondents Harold J. Wirths; Joseph Sieber; Geral Yarbrough and Jerald L. Maddow to respond filed.
2021-07-28
Petition for a writ of certiorari filed. (Response due September 3, 2021)

Attorneys

Federal respondents
Brian H. FletcherActing Solicitor General, Respondent
Harold J. Wirths; Joseph Sieber; Geral Yarbrough and Jerald L. Maddow
Rimma RazhbaNew Jersey Office of the Attorney General, Respondent
John M. Custin
John M. Custin — Petitioner