DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
223049P.pdf 07/24/2023 Avery Wilson v. CTW Transportation Services
U.S. Court of Appeals Case No: 22-3049
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Gruender, Author, with Shepherd and Stras, Circuit Judges]
Civil case. In this action plaintiff alleged he was terminated in
retaliation for reporting safety issues, in violation of 49 U.S.C. Sec.
31105(a); the district court dismissed for lack of jurisdiction because
plaintiff had engaged in bad faith delay of the administrative proceedings
which proceeded this filing; however, the district court relied mainly on
plaintiff's conduct after the deadline for the Secretary to act in the
matter had passed and did not specifically find that plaintiff's conduct
before the deadline caused the Secretary to miss the deadline; reversed
and remanded for further proceedings as to whether the Secretary's failure
to issue a final order within 210 days was due to plaintiff's bad faith
conduct.