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Christopher L. Buie v. Department of Labor, Administrative Review Board

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-3763 · judgment October 1, 2020

Certiorari denied · March 8, 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. Does the “refuses to operate” clause under the Surface Transportation Assistance Act (“STAA”) afford protection to employees who refuse to commit unsafe acts while in their operation of vehicles (as held by the Tenth Circuit), or is the protection afforded solely to employees who refuse to drive vehicles either because of the vehicle’s hazardous condition or the driver has a reasonable apprehension of accident of injury (as held by Eighth Circuit)?

  2. Did Congress intend for state administrative findings that are not reviewed to be afforded issue preclusion effect in federal proceedings involving discrimination claims brought under the STAA?

  3. Did the lower courts grossly misapply the substantial evidence standard in this case?

Counsel of record

For petitioner
Christopher L. Buie

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 19 2021
    Rehearing DENIED.
  2. Mar 24 2021
    DISTRIBUTED for Conference of 4/16/2021.
  3. Mar 13 2021
    Petition for Rehearing filed.
  4. Mar 08 2021
    Petition DENIED.
  5. Feb 17 2021
    DISTRIBUTED for Conference of 3/5/2021.
  6. Feb 12 2021
    Waiver of right of respondent Dept. of Labor to respond filed.
  7. Jan 08 2021
    Petition for a writ of certiorari filed. (Response due February 12, 2021)