Millay v. State of Maine Department of

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. After careful consideration, we affirm.

The stage is easily set. In 2010, plaintiff-appellee John M. Millay, blind since childhood, 1 sought transportation subsidies from a Maine state…