No. 22-7657

Annecia M. Fort v. Department of Labor, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-05-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 49-usc-31105 coercion-prohibition drive-time-limits electronic-logging-devices internal-reporting motor-carrier motor-carrier-regulations public-safety public-safety-reporting staa whistleblower-protection
Latest Conference: 2023-09-26
Question Presented (from Petition)

Question 1: Is disclosing public safety concerns to your management (internal reporting) a protected activity?
[Under Surface Transportation Assistance Act (STAA) Whistleblower Protection Act 49 U.S.C. § 31105 (a) (1) (A) (i) (ii)]

Question 2: Is a motor carrier that requires or permits a driver with egregious violations of drive-time limits [in 49 CFR part 395] in violation of Federal Motor Carrier Safety Regulations?

Question 3: Is it legal for a motor carrier to tell a driver seeking immediate ELD Hours of Service assistance to call back the next day due to being under-staffed?

Question 4: Is it legal for a motor carrier to log into a driver's ELD account with the driver's ID and Password instead of the carrier's support account information?

Question 5: Can a motor carrier coerce a driver into changing their logs after a fatal accident? [see witness statement]

Question Presented (AI Summary)

Is disclosing public safety concerns to your management (internal reporting) a protected activity?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-06-22
Waiver of right of respondent U.S. Department of Labor, et al. to respond filed.
2023-06-22
Brief of respondent Landstar Transportation Logistics, Inc. in opposition filed.
2023-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 26, 2023)

Attorneys

Annecia Fort
Annecia M. Fort — Petitioner
Landstar Transportation Logistics, Inc.
Gerald Thomas HarperLaw and Mediation Offices of G. Thomas Harper LLC, Respondent
U.S. Department of Labor, et al.
Elizabeth B. PrelogarSolicitor General, Respondent