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Leonid Burlaka, et al. v. Contract Transport Services, LLC

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-1703 · judgment August 21, 2020


Certiorari denied · January 11, 2021
Pre-decision estimate: 1% cert probability

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

Question presented

Are drivers subject to the jurisdiction of the Secretary of Transportation, and therefore exempt under 29 U.S.C. §213(b)(1), because some of the products that they moved between two points within a single state were eventually moved out of the state, even though the shipper had not decided on whether to sell the products to an interstate or intrastate customer at the time of the intrastate transport? PARTIES TO THE PROCEEDING The Petitioner are Timothy Keuken, Leonid Burlaka, Travis Frischmann, and Roger Robinson. The Respondent is Contract Transport Services, LLC ("hereinafter CTS"). LIST OF ALL RELATED PROCEEDINGS United States Court of Appeals for the Seventh Circuit, Leonid Burlaka et al. v. Contract Transport Services, Inc., Appeal No. 19-1703, judgment entered August 21, 2020. United States District Court for the Eastern District of Wisconsin, Leonid Burlaka et al v. Contract Transport Services, Inc., Case No. 17-CV-1126, judgment entered March 30, 2019.

Counsel of record

For petitioner
Jill Marie Hartley
The Previant Law Firm, S.C.

For respondent
Andrew Joseph Butcher
Scopelitis, Garvin, Light, Hanson & Feary, PC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Dec 16 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 09 2020
    Waiver of right of respondent Contract Transport Services, LLC to respond filed.
  4. Nov 19 2020
    Petition for a writ of certiorari filed. (Response due December 28, 2020)