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Edward Ronny Arnold v. Herbert Slatery, III, Attorney General of Tennessee

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-5509 · judgment October 30, 2019


Certiorari denied · June 29, 2020
Pre-decision estimate: 0% cert probability

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

Questions presented

In this case, the State of Tennessee Attorney General and Reporter issued a legal opinion which affected the civil action of Edward Bonny Arnold v. Bob Oglesby Et AL, M2017-00808-COA-R3-CV (Tenn. Ct. App. 2017) (17C133). This legal opinion, filed in the brief to the State of Tennessee Court of Appeals for the Middle District at Nashville, affected Tenn. Code. Ann. § 4-4-105(a) (1), Title V of the United States Code (5 U.S.C. § 6103) does not address compensation. In essence, the State of Tennessee is not required to pay earned wages to the Plaintiff / Appellant for the substituted federal and state holiday of Columbus Day. The questions presented are:

  1. Whether the United States Court of Appeals for the Sixth Circuit erred in understanding the legal opinion of the State of Tennessee Attorney General and Reporter denied the Plaintiff / Appellant earned wages and this iegal opinion affects all employees of the State of Tennessee to which wages for full-time employees are reduced one day. The denial of compensation for the substituted federal holiday is a violation of 29 CFR § 541.602, to which a fulltime, exempt, employee’s wages cannot be decreased due to the closing of state offices.

  2. Whether the United States Court of Appeals for the Sixth Circuit erred in understanding the Defendant / Appellee did "NOT" send the

Counsel of record

For petitioner
Edward Ronny Arnold

For respondent
Carolyn Underwood Smith
Atty. General & Reporter's Off

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 29 2020
    Petition DENIED.
  2. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  3. Jun 02 2020
    Waiver of Herbert Slatery, III of right to respond not accepted for filing. (June 02, 2020)
  4. Jun 02 2020
    Waiver of right of respondent Herbert Slatery, III to respond filed.
  5. Jan 28 2020
    Petition for a writ of certiorari filed. (Response due June 8, 2020)