Jamel Ellerbee v. Annett Holdings, Inc., dba TMC Transportation, et al.

Whether statutory construction of 49 U.S.C. §31105 conflicts with judicial review, 29 C.F.R. § 1987.110(b), of the Administrative Procedure Act? Whether the statutory kick-out provision, 49 U.S.C. § 31105 (c), ever expires and if administrative exhaustion is required before kick-out? Whether after a primafacie has been presented to the Secretary of Labor, and has not been overturned by clear and convincing evidence, does USDOL's duty to enforce 4.9 USC §31105 ever expire? Whether the STAA covers retaliation against all hired employees, by the employer, for transportation of goods by commercial motor vehicle? Whether OSHA's Final Rule of Implementing the 9/11 Commission Act is in direct conflict with statutory construction of 49 U.S.C. § 31105, contrary to the equal protection and due process clauses of the Fifth and Fourteenth Amendments, and is also arbitrary, capricious, and unlawful?