Supreme Court Report

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Clyde O. Carter, Jr. v. Lori Chavez-DeRemer, Secretary of Labor, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-3218 · judgment July 18, 2024


Certiorari denied · October 6, 2025
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

Petitioner, Clyde Carter, Jr., filed a complaint with the Department of Labor alleging retaliatory discharge by his employer BNSF Railway Company for wrongfully terminating him twice in violation of the protection provisions of the Federal Railroad Safety Act, 49 U.S.C. § 42121(b)(2)(B) (i)(ii)(iii), for having notified BNSF of an on the job injury. Following hearing before the Department of Labor, Office of Administrative Law Judges, the Office found Carter had proven BNSF had violated the protection provisions of the Act and entered an award in favor of Carter. BNSF appealed to the Administrative Review Board which affirmed the Award but on slightly different grounds and BNSF appealed to the Eight Circuit Court of Appeals which set aside the judgment and remanded the complaint for further findings.

Counsel of record

For petitioner
Clyde O. Carter Jr.

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jun 17 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jun 09 2025
    Waiver of right of respondent Chavez-DeRemer, Sec. of Labor to respond filed.
  4. Dec 23 2024
    Petition for a writ of certiorari filed. (Response due June 9, 2025)