ALJ Error – Equitable Tolling

By: Derek Hawkins//June 10, 2019//

Listen to this article

7^th Circuit Court of Appeals

Case Name: John E. Sparre v. United States Department of Labor, Administrative Review Board, et al.

Case No.: 18-1105; 18-2348

Officials: ROVNER, HAMILTON, and BRENNAN, Circuit Judges.

Focus: ALJ Error – Equitable Tolling

John Sparre, a locomotive engineer who previously worked for Norfolk Southern Railway Company, challenges the final orders and judgments entered in his lawsuit asserting violations of the Federal Railroad Safety Act, 49 U.S.C. § 20109. This case involves two appeals: one from the entry of summary judgment by an administrative law judge (No. 18‐1105), and one from the dismissal of Sparre’s case by the Administrative Review Board (No. 18‐2348). Because Sparre failed to timely exhaust his administrative remedies before appealing to this court, we deny his petition for review of No. 18‐1105 for lack of jurisdiction. We affirm the Board’s final decision in No. 18‐2348 on the merits dismissing Sparre’s appeal.

Petition denied. Affirmed in part.

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Select Region or Brand

Upcoming Event