Supreme Court of the United States · Official docket →
Wayne B. Holstad, et al. v. Department of Labor
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 21-3222 · judgment June 17, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
-
The Petitioners have argued that due process requires that there be a statute of limitations applicable to the claims made by the Department of Labor in this case. The Respondent’s original argument that the six-year statute of limitations set forth in 28 U.S.C. §2415(a) was rejected by the Administrative Review Board. The Petitioners have argued that a two-year statute of limitations borrowed from either 29 U.S.C. §255 or Minn. Stat. §541.07(5) be applied. The United States District Court and the Eighth Circuit Court of Appeals held that there is no statute of limitations applicable to this case. The question presented is whether a statute of limitations is a due process requirement, and if so, what statute of limitations is applicable to this case?
-
Does an administrative agency have the authority to expand the definition of which persons are subject to a statute, based upon the agency’s erroneous interpretation of court precedent, when that authority was not expressly delegated by Congress.
-
Does the Sixth Amendment require that anonymous, hearsay testimony be excluded in a proceeding in which significant monetary sanctions and a debarment penalty can be imposed?
Counsel of record
For petitioner
Wayne B. Holstad
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 14 2022Petition DENIED.
- Oct 25 2022DISTRIBUTED for Conference of 11/10/2022.
- Oct 20 2022Waiver of right of respondent United States Department of Labor to respond filed.
- Sep 15 2022Petition for a writ of certiorari filed. (Response due October 20, 2022)