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In Re Robert Steven Mawhinney

Paid petition


Certiorari denied · October 2, 2023
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

“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

  1. Oct 02 2023
    Petition DENIED.
  2. Jul 05 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jun 21 2023
    Waiver of right of respondent Labor to respond filed.
  4. Jun 20 2023
    Waiver of right of respondent American Airlines, Inc. to respond filed.
  5. May 12 2023
    Petition for a writ of mandamus filed. (Response due June 21, 2023)