No. 22-1136

In Re Robert Steven Mawhinney

Lower Court: N/A
Docketed: 2023-05-22
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law due-process employment-contract federal-jurisdiction interstate-commerce judicial-review labor-law nondiscretionary-duty statutory-interpretation
Key Terms:
AdministrativeLaw Arbitration DueProcess LaborRelations JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (from Petition)

"Does 49 U.S.C. § 42121 provide
the United States Department of Labor,
the United States Circuit Court of Appeals for the
Ninth Circuit, or
the United States District Court for the Southern
District of California
the means to invalidate the exemption
incorporated in 9 U.S.C. § 1 ("... but nothing
herein contained shall apply to contracts of
employment of seamen, railroad employees, or
any other class of workers engaged in foreign or
interstate commerce."), and,
to allow the deviation of the nondiscretionary duty
commanded by 49 U.S.C. § 42121 ("... a hearing
on the record ... shall be conducted expeditiously")
with regard to the 49 U.S.C. § 42121 complaint
filed by Robert Steven Mawhinney (an interstate
commerce operation worker)?

Question Presented (AI Summary)

Does 49 U.S.C. § 42121 provide the means to invalidate the exemption incorporated in 9 U.S.C. §1 and allow the deviation of the nondiscretionary duty commanded by 49 U.S.C. § 42121 with regard to the 49 USC. § 42121 complaint filed by Robert Steven Mawhinney?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-05
DISTRIBUTED for Conference of 9/26/2023.
2023-06-21
Waiver of right of respondent Labor to respond filed.
2023-06-20
Waiver of right of respondent American Airlines, Inc. to respond filed.
2023-05-12

Attorneys

American Airlines, Inc.
John D. HayashiMorgan, Lewis & Bockius, LLP, Respondent
Labor
Elizabeth B. PrelogarSolicitor General, Respondent
Robert Mawhinney
Robert Steven Mawhinney — Petitioner
Transport Workers Union, Local 591
Lee SehamSeham, Seham, Meltz and Petersen LLP, Respondent