Turgeau v. Administrative Review Board

McKAY, Circuit Judge.

This equitable tolling case revolves around one crucial legal point — that a completely preempted state law claim becomes the federal claim that Congress enacted to replace the state remedy. Respondent Department of Labor and Intervenor The NORDAM Group, Inc. have not appreciated this key point. They therefore incorrectly argue, and the Department of Labor’s Administrative Review Board (ARB) incorrectly held, that petitioner Brian Tur-geau was not entitled to equitable tolling of his untimely filed federal administrative claim because his timely — and completely preempted…