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E. K. Wade v. R. Alexander Acosta, Secretary of Labor, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-15081 · judgment June 21, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Congress gave the Courts inherent powers to curtail vexatious litigants' abuse of the Court system by allowing the Courts to enact pre-filing orders before some vexatious litigant proceeds with another complaint. The Honorable Judge William H. Alsup stated that Petitioner was required to: .seek leave from this Court before filing any additional complaints against the Department of Labor, any of its employees, or against the United States or any other government official in connection with his disputes with the DOL stemming from his prior employment in the Office of Federal Programs Contract Compliance." Whether the court below erroneously held, in agreement with the District Court, that Petitioner's claims fell within the scope of the pre-filing order, in connection with the DOL, stemming from his prior employment in the Office of Federal Programs Contract Compliance, is cognizable, unless the Petitioner can show that his proposed complaints do not fall within the scope of the prefiling order entered against him. Whether Petitioner, at the time of his personal injuries, was a private citizen and not an employee - subject to exclusive remedy under Title VII. Whether the Federal Tort Claims Act (FTCA) conflicts with Title VII and the Preliminary Injunction. Whether the Ninth Circuit and the District court abused its discretion by denying Petitioner his Constitutional rights to a Preliminary Injunction.
Counsel of record
For petitioner
E.K. Wade
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 09 2018Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
- Sep 19 2018DISTRIBUTED for Conference of 10/5/2018.
- Sep 13 2018Waiver of right of respondents R. Alexander Acosta, Secretary of Labor, et al. to respond filed.
- Jul 24 2018Petition for a writ of certiorari filed. (Response due September 13, 2018)