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Thomas Rimini v. Department of Labor

Paid petition · United States Court of Appeals for the First Circuit, No. 19-1970 · judgment February 22, 2021

Certiorari denied · October 4, 2021
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

  1. Did the First Circuit lack subject matter jurisdiction to rule while an earlierfiled Sarbanes-Oxley matter with identical causes of action is not yet administratively exhausted before the Department of Labor?

  2. Must the Department of Labor comply with Federal Rules of Appellate Procedure 17 in response to a Petition for Review here including upon request by Petitioner that the Department of Labor submit the whole administrative record, so that current administrative activity and subject matter jurisdiction over the issues presented can be properly and fairly determined?

  3. Did the First Circuit err in mentioning an unrelated and materially breached agreement dated 2008 despite Sarbanes-Oxley Section 806’s non-waiver mandate and prior written agreements bar and not having subject matter jurisdiction over the issues raised because they are administratively active before the Department of Labor?

Counsel of record

For petitioner
Thomas Rimini

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 30 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 28 2021
    Waiver of right of respondent Department of Labor to respond filed.
    Main Document
  4. May 25 2021
    Petition for a writ of certiorari filed. (Response due June 28, 2021)
    PetitionAppendixProof of Service