Guerra v. Consolidated Rail Corp.—civil—affirmance—Porter
The Federal Railway Safety Act requires employees alleging whistleblower retaliation to file an agency complaint within 180 days. The Third Circuit held today that this FRSA filing deadline is a claim-processing rule, not jurisdictional. The Court nevertheless affirmed dismissal of the complaint on timeliness grounds, rejecting the employee’s mailbox-rule argument on the facts. Judge Porter’s opinion was well-crafted, a model of clear and readable judicial writing.