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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


Certiorari denied · November 14, 2022
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. 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?

  2. 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.

  3. 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

  1. Nov 14 2022
    Petition DENIED.
  2. Oct 25 2022
    DISTRIBUTED for Conference of 11/10/2022.
  3. Oct 20 2022
    Waiver of right of respondent United States Department of Labor to respond filed.
  4. Sep 15 2022
    Petition for a writ of certiorari filed. (Response due October 20, 2022)