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Sydney M. Oskoui v. R. Alexander Acosta, Secretary of Labor

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-35778 · judgment June 30, 2017

Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

DID CONGRESS ACT BEYOND ITS AUTHORITY IN CREATING THE OCCUPATIONAL SAFETY & HEALTH ACT OF 1970 AND ENACTING CLAUSE LEGISLATION? ASSUMING CONSTITUTIONALITY, DID THE LOWER COURTS ERROR IN FINDING STANDING UNDER THE UNDER SECTIONS 11 OF THE OCCUPATIONAL SAFETY & HEALTH ACT FOR SUBJECT MATTER JURISDICTION TO EXIST? WAS THE PETITIONER DENIED PROCEDURAL DUE PROCESS AT ANY STAGE OF THE CASE AND APPEAL? SHOULD THE DENIALS ON PETITIONER'S MOTIONS FOR SANCTIONS BE REMANDED FOR FURTHER PROCEEDINGS? SHOULD PETITIONER BE AWARDED ADDITIONAL SANCTIONS AND/OR REASONABLE ATTORNEY COSTS AND FEES AND EXPENSES IN DEFENDING THIS FRIVOLOUS ACTION?

Counsel of record

For petitioner
Sydney Oskoui

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 25 2018
    Supplemental brief of petitioner Sydney Oskoui filed. (Distributed)
  3. Jul 18 2018
    DISTRIBUTED for Conference of 9/24/2018.
  4. Jul 10 2018
    Waiver of right of respondent R. Alexander Acosta, Secretary of Labor to respond filed.
  5. Apr 10 2018
    Petition for a writ of certiorari filed. (Response due July 16, 2018)