department-of-labor

8 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-1171 Nursing Home Care Management, Inc., dba Prestige Home Care Agency, et al. v. Lori Chavez-DeRemer, Secretary of Labor Third Circuit 2025-05-15 Denied department-of-labor employee-compensation fair-labor-standards-act notice-requirement portal-to-portal-act willful-violation 1. Whether under the Fair Labor Standards Act ("FLSA") an employer's single unrelated prior interaction with the Department of Labor ("DOL") is suffic…
23-1283 Doris Lapham v. Walgreen Co. Eleventh Circuit 2024-06-07 Denied Response Waived adverse-employment-action causation causation-standard circuit-split department-of-labor department-of-labor-regulation employment-law employment-retaliation family-medical-leave-act fmla retaliation The Family and Medical Leave Act makes it "unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, …
23-473 James E. Bachman, et al. v. John Q. Bachman, et al. Eighth Circuit 2023-11-06 Denied civil-procedure civil-rights department-of-labor due-process employment employment-retaliation equitable-defenses fair-labor-standards-act labor-law retaliation standing wage-dispute 1) Whether a case can be dismissed for plaintiffs' refusal to answer questions related to past and current employers in a deposition related to a wage…
21-205 Thomas Rimini v. Department of Labor Second Circuit 2021-08-12 Denied Response Waived administrative-procedure-act administrative-record default-judgment department-of-labor frap-17 local-rules res-judicata sarbanes-oxley subject-matter-jurisdiction 1. Should an unopposed default judgement be granted because the Department of Labor ("DOL ") did not submit the full administrative record to the cou…
20-1658 Thomas Rimini v. Department of Labor First Circuit 2021-05-27 Denied Response Waived administrative-exhaustion appellate-procedure civil-procedure department-of-labor federal-rules-of-appellate-procedure non-waiver-mandate sarbanes-oxley subject-matter-jurisdiction 1. Did the First Circuit lack subject matter jurisdiction to rule while an earlier-filed Sarbanes-Oxley matter with identical causes of action is not …
18-1266 Timothy P. O'Leary v. Aetna Life Insurance Company Eleventh Circuit 2019-04-02 Denied adverse-benefits-determination arbitrary-capricious benefits-determination civil-procedure claims-procedures department-of-labor erisa erisa-statute erisa-statute-and-regulations fiduciary-duties fiduciary-duty standard-of-review This petition presents one legal issue in two parts that have divided the courts of appeals regarding ERISA statute and regulations. Congress intended…
18-1032 Robert Steven Mawhinney v. American Airlines, Inc. Ninth Circuit 2019-02-07 Denied Response Waived air-carrier-employee air21-complaint air21-discrimination air21-discrimination-complaint arbitration-provision department-of-labor dol-investigation employment-discrimination federal-arbitration-act federal-arbitration-act-exemption ninth-circuit-error pre-dispute-arbitration pre-dispute-arbitration-provision settlement-agreement statutory-federal-regulation statutory-interpretation 1. Did the Ninth Circuit err in determining that the "DOL's independent interest in Mawhinney's AIR21 discrimination and retaliation complaint ... cea…
18-197 E. K. Wade v. R. Alexander Acosta, Secretary of Labor, et al. Ninth Circuit 2018-08-14 Denied Response Waived administrative-law civil-procedure civil-rights constitutional-law constitutional-rights department-of-labor due-process federal-courts federal-tort-claims-act judicial-discretion pre-filing-order preliminary-injunction ripeness standing title-vii Congress gave the Courts inherent powers to curtail vexatious litigants' abuse of the Court system by allowing the Courts to enact pre-filing orders b…