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MILLAY v. MAINE DEPT. OF LABOR, BUREAU OF REHAB.

No. 14-1134.

762 F.3d 152 (2014)

John M. MILLAY, Plaintiff, Appellee, v. MAINE DEPARTMENT OF LABOR, BUREAU OF REHABILITATION, DIVISION FOR the BLIND AND VISUALLY IMPAIRED, Defendant, Appellant.

United States Court of Appeals, First Circuit.

August 11, 2014.

Attorney(s) appearing for the Case

Susan P. Herman , Assistant Attorney General, with whom Janet T. Mills , Attorney General, and Paul Stern , Deputy Attorney General, were on brief, for appellant.

Brett D. Baber , with whom Lanham Blackwell & Baber, P.A. was on brief, for appellee.

Before THOMPSON, BALDOCK and SELYA, Circuit Judges.

SELYA, Circuit Judge.

This case presents a question of first impression at the federal appellate level: what limitations period applies to an action for judicial review brought pursuant to 29 U.S.C. § 722(c)(5)(J)? The choice is between borrowing state law (in this instance, the law of Maine) or defaulting to the federal catch-all statute of limitations, 28 U.S.C. § 1658(a). The district court chose the latter....

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