1. Did the ALJ, ARB and the 9th Circuit turn on its head AIR 21 law on burdens of proof by requiring a whistleblower to prove causation by a "preponderance of evidence" when it has always been only meet the prima facia burden by "any circumstan-tial evidence" and then the burden shifts to the employer's much higher burden of proof by "clear and convincing evidence" that the employer would have fired him anyway having nothing to do with his whistleblowing?

2. Is a federal administrative hearing ALJ bound by res judicata/law of the case/pre-emption at the trial by an unappealed state decision against an employer on the central issue between the same parties?

3. Does publication and a dmission of a deposition into evidence at a trial also admit into evidence exhibits numbered, provided at, and discussed during the deposition, if not specifically excluded by the judge or introducing party at the trial?

4. Should federal administrative hearings allow liberal admission of relevant evidence?

5. Does the AIR-21 lawsuit st atute of limitations toll for whistleblowers passed over for promotions in favor of new, unqualified, and uncertified employ-ees when the employer has rolling hiring/promoting anytime employer promotions, because the whistleblower is passed over every time and only the last time ends the tolling?

Did the ALJ, ARB and the 9th Circuit turn on its head AIR 21 law on burdens of proof?