Michael Zemonick v. Consolidation Coal Company, a Corporation

I cannot agree with the majority’s conclusion that DelCostello should only be given prospective effect in this case. In my view, the majority has strayed afar from the Supreme Court’s clear command in Del-Costello itself to apply the six-month statute of limitations retroactively even where, as here, a § 301/DFR claim that would be timely under the applicable state statute is time barred under DelCostello. Although the Supreme Court’s retroactive application of DelCostello makes an independent analysis of retroactivity unnecessary, I am also convinced that the majority has misapplied the…