No. 22-258

Wayne B. Holstad, et al. v. Department of Labor

Lower Court: Eighth Circuit
Docketed: 2022-09-20
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law agency-authority civil-procedure civil-rights constitutional-interpretation due-process judicial-review statute-of-limitations takings
Latest Conference: 2022-11-10
Question Presented (from Petition)

1. The Petitioners have argued that due process requires that there be a statute of limitations applicable to the claims made by the Department of Labor in this case. The Respondent's original argument that the six-year statute of limitations set forth in 28 U.S.C. §2415(a) was rejected by the Administrative Review Board. The Petitioners have argued that a two-year statute of limitations borrowed from either 29 U.S.C. §255 or Minn. Stat. §541.07(5) be applied. The United States District Court and the Eighth Circuit Court of Appeals held that there is no statute of limitations applicable to this case. The question presented is whether a statute of limitations is a due process requirement, and if so, what statute of limitations is applicable to this case?

2. Does an administrative agency have the authority to expand the definition of which persons are subject to a statute, based upon the agency's erroneous interpretation of court precedent, when that authority was not expressly delegated by Congress.

3. Does the Sixth Amendment require that anonymous, hearsay testimony be excluded in a proceeding in which significant monetary sanctions and a debarment penalty can be imposed?

Question Presented (AI Summary)

Whether a statute of limitations is a due process requirement, and if so, what statute of limitations is applicable to this case?

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-20
Waiver of right of respondent United States Department of Labor to respond filed.
2022-09-15
Petition for a writ of certiorari filed. (Response due October 20, 2022)

Attorneys

United States Department of Labor
Elizabeth B. PrelogarSolicitor General, Respondent
Wayne B. Holstad and Northwest Title Agency, Inc.
Wayne B. Holstad — Petitioner