Harrow v. Department of Defense (Equitable Tolling / Jurisdictional Deadlines)

Send us Fan MailIn Harrow v. Department of Defense, Stuart Harrow appealed an adverse administrative decision after the 60-day deadline -- claiming that he was unaware of the deadline.  He filed this appeal to the Federal Circuit.  Because the Federal Circuit saw the mandatory "shall" language in the statute (that is, it shall be filed within 60 days), the Court denied his request, reasoning that it lacked jurisdiction.  The issue in front of the Supreme Court was whether this provision was jurisdictional.  Justice Kagan, writing for a unanimous Court, decided that the provision was mandatory, but not jurisdictional, and the lower court therefore, could exercise its discretion to hear the case.  Vacated and remanded. Support the show