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Harold E. Rutila, IV v. Department of Transportation

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1712 · judgment February 10, 2020

Certiorari denied · December 7, 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.

Question presented

Whether the Merit Systems Protection Board violated Petitioner's due process rights when an administrative judge failed to provide him a hearing, in violation of 5 U.S.C. § 7701(a), having not produced evidence of a hearing right waiver or that the required elements for a waiver, as held by this Court in Johnson v. Zerbst, 304 U.S. 458 (1938), had been met.

Counsel of record

For petitioner
Harold E. Rutila IV

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 07 2020
    Petition DENIED.
  2. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  3. Nov 03 2020
    Waiver of right of respondent Department of Transportation to respond filed.
  4. Oct 15 2020
    Petition for a writ of certiorari filed. (Response due November 19, 2020)