Supreme Court of the United States · Official docket →
In Re Robert Steven Mawhinney
Paid petition
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
“Does 49 U.S.C. § 42121 provide the United States Department of Labor, the United States Circuit Court of Appeals for the Ninth Circuit, or the United States District Court for the Southern District of California the means to invalidate the exemption incorporated in 9 U.S.C. § 1 (“... but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.”), and, to allow the deviation of the nondiscretionary duty commanded by 49 U.S.C. § 42121 (“... a hearing on the record ... shall be conducted expeditiously”) with regard to the 49 U.S.C. § 42121 complaint filed by Robert Steven Mawhinney (an interstate commerce operation worker)?
Counsel of record
For petitioner
Robert Steven Mawhinney
For respondent
John D. Hayashi
Morgan, Lewis & Bockius, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 02 2023Petition DENIED.
- Jul 05 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 21 2023Waiver of right of respondent Labor to respond filed.
- Jun 20 2023Waiver of right of respondent American Airlines, Inc. to respond filed.
- May 12 2023Petition for a writ of mandamus filed. (Response due June 21, 2023)