Hard Rock Café v. Lee
54 V.I. 622
Supreme Court of The Virgin Is...2011Background
- Lee, a former Hard Rock prep cook, was denied unemployment benefits for misconduct; ALJ allowed post-hearing ex parte evidence; Superior Court remanded for a new hearing due to due process violations; Government appeals but Court treats remand as non-final; Court holds due process violation affirmed but dismisses as to substantial evidence ruling for lack of jurisdiction; telephonic hearing limited credibility assessment and potential due process concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review remand order | Government seeks collateral-order review | Remand not a final appealable order | Jurisdiction affirmed for due-process ruling; rest dismissed |
| Ex parte evidence and due process | No due-process violation; hearing adequate | Ex parte submissions violated due process | Due process violated by post-hearing ex parte submissions |
Key Cases Cited
- United Steelworkers, Local 648 v. Union R.R. Co., 648 F.2d 905 (3d Cir. 1981) (collateral-order-like review and remand issues)
- AJA Assocs. v. Army Corps of Engineers, 817 F.2d 1070 (3d Cir. 1987) (due-process remand considerations)
- Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1950) (collateral order doctrine foundations)
- Haebe v. DOJ, 288 F.3d 1288 (Fed. Cir. 2002) (credibility and demeanor in administrative factfinding)