Flock v. DOT: Six OOIDA members ask Supreme Court to review ruling

By Sandi Soendker, Land Line editor-in-chief | 6/5/2017

Truckers will want to keep an eye on the U.S. Supreme Court calendar in June. OOIDA members have taken another case to the high court to review a lower court ruling. This petition is still going through the acceptance process, but it’s already getting noteworthy attention.

This significant petition (for Writ of Certiorari) has been filed with the U.S. Supreme Court from OOIDA’s litigation counsel, the Cullen Law Firm. The petition formally requests that the high court review a critical ruling regarding pre-employment screening and privacy – a case OOIDA has been battling on behalf of truckers’ privacy rights.

That case was first filed in July 2014 in the U.S. District Court of Massachusetts. The case involves whether the DOT’s Federal Motor Carrier Safety Administration is acting legally in giving too much information on a driver. Six OOIDA members are the plaintiffs, including Thomas O. Flock, Dennis Thompson, Thomas Gooden, Douglas Heisler, Walter Johnson and Gayla Kyle.

The original ruling was handed down Oct. 21, 2016, in favor of the FMCSA. A rehearing was denied Dec. 16, 2016, by the U.S. Court of Appeals for the First Circuit.

The Cullen Law Firm submitted a petition to the U.S. Supreme Court in March to review the ruling of the First Circuit and to question whether the First Circuit erred in several respects, conflicting with other circuit courts.

In late May, the Department of Transportation responded with its opposition brief.

The petition has been distributed to the justices of the Supreme Court and scheduled for their conference on June 15, 2017. During the weeks following the conference, the court will decide if it will hear the case.

The truckers’ petition – known as Flock v. DOT, or just “Flock” was picked up quickly by the acclaimed Supreme Court of the United States blog – SCOTUSblog -- as the “Petition of the Day” – meaning the attorneys and SCOTUS watchers who write the blog think it is important enough for the high court to choose it from the many petitions submitted.

Related articles:
Plaintiffs vs U.S. DOT filed in U.S. District Court July 18, 2014

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